I have discovered that I am listed as a solicitor with McAdvo. Where do you have my data from?
Your data that we have published regarding your Solicitor’s Office were obtained from public and general accessible sources exclusively. From that a conflicting interest form your side could not be seen. In the contrary it can be assumed that Solicitors that entertain entries in general accessible indexes have a own interest that such data becomes well-known and thus increase the level of familiarity.
In § 29 of the BDSG (German Data Protection Act) it is stated: (quote) “(1) The commercial collection, recording or change of individual-related data is permissible for purposes of transmission, especially when it serves advertisement, the work of credit agencies, the address-trading or the market- and opinion-research, if there is no grounds for the assumption that the person concerned has an interest worthy of protection on the exclusion from collection, recording or change, or 2. the data can be collected from public accessible sources or the authority responsible may publish them unless the interest worthy of protection for the exclusion of the collection, recording or change of the person concerned obviously outweighs such. (3) The inclusion of individual-related data in electronic or printed address-, telephone-, business- or comparable registers has to cease if the contradicting will of the individual concerned is obvious in the underlying electronic or printed index or register. The recipient of the data has to ensure that the designation from electronic and printed indexes or registered are taken over in indexes and registers.” (end of quote) Meanwhile, there was no obligation to inform you of the publishing of your data. Here, it is stated in § 33 of the BDSG: (quote) “(1) If individual-related data are recorded for the first time for own purposes or with knowledge of the person concerned, then the individual has to be notified of the recording, the sort of data recorded, and the reason for the collection, processing or use and the identity of the business or authority collecting such data… (2) There is no obligation of such notification, if… (8) the data is recorded businesslike for purposes of transmission and a) were collected from general accessible sources as they relate to the person concerned which published the data, or b) these are listed or otherwise summarised data and a notification is because of the multitude of the cases concerned would be disproportionate.” (end of quote)
For once your data originate from publicly accessible sources and, moreover, were they summarized recorded. To sum up it is safe to say that individual-related data that were obtained from publicly accessible materials may be used for further business activities. A notification of the persons concerned is because of the multitude of the data not mandatory. Of course, we will comply promptly with your wish to delete your data. However, further obligation will not result from this.
