Germany is known as one of the strictest European countries for its personal privacy laws. Now those privacy laws appear to be going to pot.
Businesses, small or large, who want to compete for State contracts must be registered in an approved contractors list. One of those was recently threatened to be struck-off the list unless they provided personal data of their employees. That would be tantamount to an invasion of privacy for data that is normally controlled by the strict personal privacy law.
Germany is known as one of the strictest European countries for its personal privacy laws. Now those privacy laws appear to be going to pot.
Businesses, small or large, who want to compete for State contracts must be registered in an approved contractors list. One of those was recently threatened to be struck-off the list unless they provided personal data of their employees. That would be tantamount to an invasion of privacy for data that is normally controlled by the strict personal privacy law.
The business owner refused, quoting the data protection law but was still struck off the list of authorised suppliers.
Many small businesses struggling to be approved are less diligent when unreasonable demands are made by the State. Hats off in this case however, to the owner who saw this as an invasion of privacy. She insisted that she had the legal obligation to ensure the protection of the personal data of her employees.
The Isolier-Wendt business subsequently sued the State of Berlin, insisting that they uphold the data protection law and won the case. However, despite the EUR 5000 fine and the judgement against the State, the business has yet to regain their listing. Furthermore, an appeal to the judgement has already been filed.
Press article on the breach of personal privacy.
The battle that Isolier-Wendt GmbH has undertaken is admirable in their endeavour to protect personal privacy. Other small business owners would be encouraged to defend such illegal actions in a similar manner.
