That was decided by the Berlin Regional Court (file number: 35 O 251/16).
Until an on-site investigation in March of this year, hardly anything had changed in the condition despite being requested to do so. The fine that was already issued on October 30th is not yet legally binding. Deutsche Wohnen wants to have the decision checked by a court.
Politicians from the SPD and the Greens welcomed the move. "The record fine by the Berlin data protection officer is an appropriate reaction to the considerable data protection violations caused by the uncontrolled collection of tenant data," said Sven Kohlmeier, spokesman for the SPD parliamentary group for legal and network policy. In the opinion of Stefan Ziller from the Green Group, the fine shows "how effective the General Data Protection Regulation is".
"The allegations relate to the company's data archiving solution, which has already been replaced," said Deutsche Wohnen, emphasizing that "no data from tenants has reached third parties outside the company in a manner that violates data protection regulations". "Extensive personnel and procedural changes have been initiated".
When setting the amount of the fine, it was interpreted disadvantageously for the company that it deliberately created the archive structure in question and processed the data concerned in an inadmissible manner over a long period, emphasized the data protection authority. Such "data graveyards" were "unfortunately often encountered" in their supervisory practice, said the Berlin representative Maja Smoltczyk.