Editing LfDI (Baden-Württemberg) - unknown (section)

=== Holding ===
'''Violation of [[Article 6 GDPR#1f|Article 6(1)(f) GDPR]]'''

The LfDI found a violation of [[Article 6 GDPR#1|Article 6(1) GDPR]]. When weighing the interests in the context of [[Article 6 GDPR#1f|Article 6(1)(f) GDPR]], it must be taken into account that there was no prior business relationship between the data subject and the first controller and that the data subjects did not have to assume that their data would be available in the land register for promotional approaches. In this context, the fact that property owners cannot object to the entry in the land register nor to the transfer of data is of particular importance since their data is collected on the basis of a statutory obligation which is not intended to serve advertising purposes. 

'''Violation of [[Article 14 GDPR]]''' 

Furthermore, the LfDI decided that the first controller breached [[Article 14 GDPR|Article 14 GDPR]] since the data subject was not provided with any information on data processing. This was based on the fact that the right to information is an essential prerequisite for data subjects to be able to assert other rights under the GDPR. The exemption under [[Article 14 GDPR#5c|Article 14(5)(c) GDPR]] was not applicable since neither the body collecting the data nor the scope, purpose or duration of the data collection were apparent to the data subject when they were inspected by third parties under §12 of the Grundbuchordnung (GBO, German land register code).

'''Fine assessment'''

The LfDI imposed fines of €50,000 on the first controller and of €5,000 on the second controller. When calculating the fines, the LfDI took into account the number of data subjects, the type of data involved, the significance of the violated provisions, and the cooperation of the responsible entities. The fines were accepted by the responsible parties and therefore became legally binding.