Status: 07/21/2022 1:39 p.m
The consumer advice center NRW has sued three mobile phone providers. The accusation: The corporations would pass on the data of respectable customers to credit agencies such as Schufa without being asked.
It is about the data of respectable customers, which are passed on to credit agencies such as Schufa without being asked. That is why the North Rhine-Westphalia consumer advice center has now sued Telekom, Vodafone and Telefónica. Through research by NDR and “Süddeutsche Zeitung” the practice of mobile phone providers became public last autumn. Schufa & Co. use such data to assess the solvency of consumers.
According to the consumer advice center of North Rhine-Westphalia, the mobile phone providers are violating the General Data Protection Regulation and must refrain from doing so. “Credit bureaus also collect information about consumers when they have behaved correctly and in accordance with the contract,” criticizes Wolfgang Schuldzinski, head of the NRW consumer advice center. “However, the protection of the consumers concerned from excessive processing of their personal data outweighs the economic interests of the companies.”
Positive data also contain sensitive information
Positive data is information that does not contain any negative payment experiences or other non-contractual behavior. The subject of the transmitted positive data is often when a contract was concluded with whom. The person concerned was not guilty of anything. This distinguishes positive data from so-called negative data, such as information that an invoice has not been paid.
Nevertheless, positive data also contain sensitive information. “The transmission of positive data may seem harmless at first glance, but any information about consumers can be used by companies to make tangible decisions,” explains Schuldzinski. “A person who has multiple cell phone contracts or changes them frequently may be considered less trustworthy and therefore not receive a contract, even if all bills have been paid on time.”
No data without consent
“The transmission of positive data is not permitted without the consent of the consumer,” emphasizes Schuldzinski. “Even with consent, it is necessary for companies to provide transparent information and for consumers to be able to refuse consent without this leading to disadvantages.”
The NRW consumer advice center is not alone in criticizing data transmission. In a joint decision, the conference of the independent data protection supervisory authorities of the federal and state governments also took a critical stance on the processing of positive data by mobile phone providers.
Get free information
At least once a calendar year, consumers can receive free information about their own profile maintained by a credit agency. Incorrect information must be corrected by the credit agencies. “Consumers should make use of their right and regularly ask the credit agencies what personal data is stored there for what purpose, where it comes from and to whom it is passed on,” advises Schuldzinski.