Real estate agent: Insufficient legal basis for data processing

The DPA of Brandenburg has imposed a fine on a real estate agent. The real estate agent had contacted an individual and offered him to sell a property he owned. Since the individual himself had not passed on his data to the real estate agent, he asked for information on the origin of the data and for the data to be deleted. The real estate agent informed the data subject that she had deleted the data. However, she did not comply with the data subject's right to access the data. Half a year later, the data subject again received a message from the real estate agent, despite the confirmed deletion of his data. For this reason, the DPA determined that the real estate agent had processed the data of the data subject without a valid legal basis and thus unlawfully.

GDPR Articles: Art. 6 GDPR, Art. 12 GDPR
Industry: Real Estate