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Susana Zamora
Friday, 6 September 2024, 17:29
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A would-be guest who booked a holiday apartment in Badajoz, Spain, through an accommodation platform was contacted by one of the owners of the establishment requiring him to send a photograph of both sides of his and the others guests' identification documents via WhatsApp or email. This was a condition of entry to the accommodation, despite the fact that the booking confirmation indicated that they would only have to show them on arrival.
The guest refused to do so and when he arrived at the apartment to check in by showing his ID card, the owners insisted that he had to send the documentation by WhatsApp if he wanted to stay there overnight. Finally, the guest's repeated refusal led the establishment to prevent him from accessing the pre-booked and pre-paid apartment.
The would-be guest reported the establishment owners not only to the Guardia Civil, but also went to the Spanish data protection agency (AEPD), which has subsequently fined the owners of the accommodation for an offence they considered "very serious".
In their defence, the owners argued that due to the type of accommodation, they are not required by law to have a reception, but, as a holiday let, they were obliged to transmit all the data included in the guest's report by telematic means to the authorities on a daily basis.
"Data that the clients must provide by telematic means, due to the lack of reception and staff in charge of these functions and of verifying the data provided by the clients. The formalities related to holiday accommodation do not have a physical location", they argued.
With regard to the complaint, the owners argued that due to the client's repeated refusal to send the documentation by telematic means, "necessary to complete the client registration report that must be sent to the Guardia Civil", the 'check in' was not carried out and the client's accommodation in the establishment was not authorised.
Similarly, they argued that at no time could they have misused the client's data or documents, as they were never provided to them. However, according to the data protection agency, "the collection of inadequate, irrelevant and unnecessary personal data of the complainant, but of the entity's customers in general, is not sanctioned in this act".
Finally, as well as imposing the fine, the AEPD ordered the owners to cease collecting copies of its customers' identity documents for the completion of the registration within three months and to modify the information it offers on personal data protection. It also warned that failure to do so could be considered an administrative infringement that could lead to another fine.
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