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Brandenburg: Brandenburg LDA finds excessive data collection practices for contact tracing in gastronomy sector

The State Commissioner for Data Protection and Access to Information Brandenburg ('Brandenburg LDA') published, on 11 August 2020, a study on how the gastronomy sector in Brandenburg deals with the data of their guests which they are obliged to collect during the COVID-19 ('Coronavirus') pandemic. In particular, Brandenburg LDA stated that it investigated 54 restaurants and noticed that an excessive amount of data categories were recorded in 30 restaurant establishments. In addition, Brandenburg LDA noticed that the address of visitors,  which is no longer required according to the current legislation, was often asked, and that many restaurants did not recognise that only one of the telephone number and email address of visitors should be given.

Moreover, Brandenburg LDA found that 36 cafes and restaurants did not adhere to the deletion deadlines, that 16 of them had not deleted any data, and that the confidential handling of guest data was not always guaranteed. Furthermore, Brandenburg LDA stated that during their discussions, it had the impression that there was often uncertainty as to how the data should be handled. 

Finally, Brandenburg LDA highlighted that under the current legisltation, restaurants must, among other things, record the contact details of their guests in an attendance list but that the first and last name and the telephone number or email address of the person concerned are sufficient. In addition, Brandenburg LDA highlighted that the data must be kept confidential and deleted after four weeks.

You can read the press release, only available in German, here