The consumer advice center NRW has filed a lawsuit against Telefónica Germany, Telekom Germany and Vodafone after a warning was unsuccessful. According to the consumer advocates, the companies transmit positive data from their customers to credit agencies without obtaining the consent of those affected. According to the NRW consumer advice center, you are violating the General Data Protection Regulation – the NRW consumer advice center is suing for an injunction.
“Credit bureaus also collect information about consumers when they have behaved correctly and in accordance with the contract,” criticizes Wolfgang Schuldzinski, head of the NRW consumer advice center. “However, the protection of the consumers concerned from excessive processing of their personal data outweighs the economic interests of the companies.”
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Positive data is information that does not contain any negative payment experiences or other non-contractual behavior. The subject of the transmitted positive data is often when a contract was concluded with whom. The person concerned was not guilty of anything. This distinguishes positive data from so-called negative data, such as information that an invoice has not been paid. Nevertheless, positive data also contain sensitive information. “The transmission of positive data may seem harmless at first glance, but any information about consumers can be used by companies to make tangible decisions,” explains Schuldzinski. “A person who has multiple cell phone contracts or changes them frequently may be considered less trustworthy and therefore not receive a contract, even if all bills have been paid on time.” Among other things, the system provides that people with debts who regularly service them are often better off in the eyes of credit checkers than people without debts because they have not generated any long-term data on their payment behavior.
Whatever happens to the data: according to the consumer advocates, the consent of the person concerned must be given. “The transmission of positive data is not permitted without the consent of the consumer, emphasizes Schuldzinski. “And even with consent, it is necessary for companies to provide transparent information and for consumers to also have the option of refusing consent without that this leads to disadvantages.” What that will look like in the future will only become clear after the trial – three courts are currently involved: for Telefonica Munich, for Telekom Deutschland Cologne and for Vodafone Düsseldorf. the consent will be hidden in the thick contract without which the desired contract cannot be concluded.
Get free information
Mobile phone customers can receive free information about their own profile maintained by a credit agency at least once a calendar year. Incorrect information must be corrected by the credit agencies. “Consumers should make use of their right and regularly ask the credit agencies what personal data is stored there for what purpose, where it comes from and to whom it is passed on,” advises Schuldzinski.
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