rticle 5 of the AVG or GDPR includes how that personal data must be processed. Various organizations such as that of the real estate agent hide under the principle of consent. The definition of “ consent ” means that as a data subject you must give consent freely, consciously and without coercion for the processing of personal data. The permission you give is also specifically intended for the purpose for which you give the permission and your personal data may not be used for any other purpose.
Article 5 EU GDPR “Principles regarding the processing of personal data”
- The personal data must be processed in such a way that it is transparent, fair and lawful. Article 9.2.b clearly stipulates that the processing must be necessary for the performance of the obligations and the exercise of specific rights of the controller or of the data subject, in accordance with appropriate safeguards for the fundamental rights and interests of the data subject.
- The personal data must be collected for legitimate purposes and not further in a manner incompatible with those purposes.
- Every organization must also comply with “data minimum processing” meaning that the processing is adequate, relevant and of limited need for the purposes for which it is processed.
- The personal data must be correct and up-to-date! After all, the data subject has the right to obtain rectification from the controller if the personal data processed are incorrect.
- The processing must be carried out in such a way that the data subjects are no longer identifiable than for the purpose for which the data was necessarily processed in the beginning.
- Appropriate security must be guaranteed by taking appropriate technical and organizational measures . The personal data to be processed must be protected against unauthorized or unlawful processing. The data must also be protected against accidental loss, destruction or damage. Here we talk about the integrity and confidentiality of processing.
Article 77 EU GDPR “Right to lodge a complaint with a supervisory authority”
If a data subject does not agree with the way in which his or her personal data are processed, they have the right to lodge a complaint with a supervisory authority of the place where the data subject resides.
File a complaint with the government ;
- The complaint form must be completed correctly,
- You cannot submit an anonymous complaint. You can give an anonymous tip
- You should first contact the organization about which your complaint relates. If this organization does not answer you correctly within 30 days, you can file the complaint,
- Keep a record of the written complaint so that you can always review your documents.
Do you want to file a complaint with the government?