Can a business share my data without my permission?
October 25, 2022 | 50,00 EUR | answered by Hans Krüger
Dear lawyer,
My name is Eiko Schmitt and I urgently need your help in a data protection matter. Recently, I discovered that a business where I regularly shop has shared my personal data without my permission. I am appalled by this violation of my privacy and wonder if this is even legally allowed.
The situation is as follows: When making purchases at the store, I provided my contact information to be informed about special offers. However, I never explicitly consented to my data being shared with third parties. Now, I have found out that my data has been sold to advertising companies and I am being bombarded with unwanted advertisements.
I am very concerned about the protection of my personal data and wonder if I can take legal action against the business. Is a business allowed to share my data without my explicit permission? Are there ways to protect my data and take action against its misuse?
I hope you can assist me in this matter and advise me on the legal steps I can take to protect my privacy and prevent the unauthorized sharing of my data.
Thank you in advance for your help.
Sincerely,
Eiko Schmitt
Dear Mr. Schmitt,
Thank you for your inquiry and your trust in my expertise in the field of data protection law. I am sorry to hear that you have found yourself in such an unpleasant situation. The protection of personal data is an important concern, and it is understandable that you are concerned about the disclosure of your data without your explicit permission.
In Germany, data protection law regulates the handling of personal data and protects the privacy of individuals. According to the General Data Protection Regulation (GDPR), the processing of personal data is generally only permissible if there is a legal basis for it. One of the possible legal grounds is the consent of the data subject. This means that your data may only be disclosed if you have explicitly consented to it.
In your case, you have stated that you provided your contact information to be informed about special offers, but never explicitly consented to the disclosure of your data to third parties. This means that the business should not have disclosed your data to marketing companies without your explicit permission. This unauthorized disclosure of your data constitutes a violation of data protection law.
You therefore have the right to take legal action against the business to protect your privacy and address the unauthorized disclosure of your data. For example, you can file a complaint with the data protection authority and claim damages. The data protection authority can conduct investigations and, if necessary, impose sanctions on the business.
It is important that you are aware of your rights related to data protection and actively defend them. If you need further assistance or wish to take specific legal steps, I am at your disposal.
I hope that this information is helpful to you and supports you in your concern. If you have any further questions, please do not hesitate to contact me.
Sincerely,
Hans Krüger
Attorney in the field of civil law
