The data protection officer Max Schrems has filed a complaint and report against the Kreditschutzverein von 1870 (KSV1870). The accusation: the KSV1870 makes high profits from data at the expense of private individuals. The KSV1870 gives the impression that people have to pay for a self-disclosure, which is required by immigration authorities. They have the right to free information.
A so-called ‘InfoPass’, which the credit protectors advertise on their website, costs 43 euros. However, according to Article 15 of the General Data Protection Regulation, everyone has the right to receive immediately and free of charge the data that a company holds about him or her. This information can also be presented to authorities such as the Immigration Service – in Vienna the MA35.
Confusion about “InfoPass”
“The MA35 explicitly accepts free information in accordance with Article 15 GDPR. Nevertheless, KSV1870 misleads unwitting affected people into believing that only a so-called “InfoPass” can be submitted to the authorities and currently charges 43 euros for it,” said the data protection organization NOYB, justifying the complaint and report. However, the MA35 only responded after criticism from the city auditor. The municipal service had previously explicitly referred to the paid ‘InfoPass’.
About the free self-disclosure, KSV1870 also states on the cover page “This information is not intended to be presented to third parties” and on each sheet “This information contains your personal information and is for your information only”.
Anyone who searches for self-information on the credit protectors’ website always ends up at ‘InfoPass’, while the free information is difficult for laymen to find, the data protection officials complained.
The MA35 alone records more than 114,000 administrative transactions annually – resulting in a very lucrative business for the credit protectors. While paying customers receive the requested information within three days, the KSV1870 takes 25 to 30 days to provide free information, data protection advocates also criticized.
How the KSV1870 explains the “InfoPasses”.
With the InfoPasses, only the information required for the respective purpose is used, according to the KSV1870, which justifies the offering of the various InfoPasses. “In addition, with the InfoPasses we enter into a contractual obligation with a period for completion, while information has a legal period in accordance with Article 15 of the GDPR,” the credit protectors said. “We can conclude that it is possible for tens of thousands of private individuals every year to order information in accordance with Article 15 GDPR via one of the communication channels mentioned.” A team of twenty people processes applications – within the legal period.
The KSV1870 isn’t the only credit protector that offers self-disclosure. The website of the Alpine Creditors Association (AKV) also contains a paid offer: A self-disclosure for presentation to authorities or other bodies can be collected in person at the head office and costs 35 euros. The self-disclosure in accordance with Article 15 of the GDPR will take place within four weeks. “This information is not intended to be presented to third parties,” the AKV also states on the website. Because the MA35 concerns the services of KSV1870 and not those of AKV, the complaint and report were limited to KSV1870, the data protection officer said.
The taxable credit report is compiled from external sources only when ordered. The company would incur costs and expenses for this, the AKV explains on the company’s website. According to the AKV, the paid and free data extracts are not comparable. A request to KSV1870 remained unanswered for the time being.
Source: Krone
I’m Ben Stock, a journalist and author at Today Times Live. I specialize in economic news and have been working in the news industry for over five years. My experience spans from local journalism to international business reporting. In my career I’ve had the opportunity to interview some of the world’s leading economists and financial experts, giving me an insight into global trends that is unique among journalists.
