The Federal Administrative Court has limited opportunities for telephone advertising. Anyone who usually creates and stores the telephone numbers of dental practices published in accessories to make advertising calls, as per the decision of the leapzig judges on Wednesday. They see it a violation of general data protection regulation (GDPR) in relation to law against unfair competition (UWG). According to him, it is not possible to rely on the existence of “legitimate interests” according to Article 6 GDPR. Rather, an informed consent is necessary.
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With decision (AZ: bverwg 6 c 3.23) Originally, the Federal Administrative Court explained the approach of Sarland Data Protection Officer Monica Greethel and lower examples. In 2017, it was ordered – based on the Federal Data Protection Act to be implemented at that time – to collect personal data from the owners of dental practices and telephone advertisements for later plaintiff, unless the person concerned does not consent yes. Or includes a business relationship with it.
Available to patients, but no cold calls
The applicant purchases precious metal residues of dentists. To do this, he created the names of practical owners of public directors such as Yellow page as well as addresses and telephone numbers. He used the contact details stored by him to call and find out the practices to sell whether they had to sell gold filler. After the final dismissal of the first judicial input, the plaintiff implemented Greethel, in May 2018, in the context of GDPR, the 2017 decision was canceled.
Now the federal administrative court has Sarland rejected the amendment of the applicant against the high administrative court’s decisionUnlike the opinion of the lower court, it generally considers the permission of legitimate interest to apply. However, it can be seen in relation to para 7 UWG on “unfair disturbance”. The German MLA has implemented the requirements for the protection of confidentiality of the people affected by the data safety guidelines for electronic communication.
The purpose of data processing, which is followed by the plaintiff, violates it in the conversation: In this case, an entry in public directors acts only to ensure access to patients. The sale of precious metal residues for the benefit of benefits is neither specific nor required for the activity of a dentist.
(MHO)
