Today, we delve into a concerning issue where the creditors’ association KSV1870 has been exploiting individuals’ rights under the General Data Protection Regulation (GDPR). Despite GDPR’s stipulation that access to personal data should be free of charge, KSV1870 has been profiting immensely by misleading people into purchasing an expensive “InfoPass” instead of providing the legally required free data access.
The Deceptive Practices of KSV1870
KSV1870’s strategy primarily targets foreigners, such as those applying for visas or residence permits in Austria. These individuals are often required to provide proof of financial solvency, for which they turn to organizations like KSV1870. However, instead of directing them to the free information they are entitled to under Article 15 of GDPR, KSV1870 misleads them into buying the “InfoPass,” which costs €43.
The Impact on Uninformed Victims
This practice has likely caused millions in damages to those unaware of their rights. The MA35 in Vienna, responsible for immigration matters, requires data from KSV as proof of solvency. KSV1870 exploits this requirement, misleading individuals into believing that only their paid service is acceptable to authorities.
Violations of GDPR
KSV1870’s actions are a clear violation of GDPR. The regulation mandates that companies must provide information in an easily accessible form, free of charge, and without delay. KSV1870 not only hides the free option on their website but also falsely claims that only their paid products are suitable for official purposes. Additionally, they impose a disproportionately long waiting time for the free information requests, further discouraging individuals from exercising their rights.
The Response from Authorities
The Vienna City Court of Audit has reprimanded MA35, leading to changes in how they link to KSV1870’s information. However, KSV1870 has responded by making their website even more confusing, continuing to advertise the paid InfoPass even on the page for requesting free information.
Legal Actions Against KSV1870
Noyb, a data protection organization, has filed a complaint against KSV1870 with the Austrian data protection authority. This complaint highlights the systematic concealment and delay of free information, constituting a violation of GDPR. Noyb is also reporting KSV1870 for systematically circumventing the legal requirement for free information and exploiting people’s lack of awareness.
