In order to be able to take action against possible misappropriation of vacation rentals, authorities need the names of the providers on platforms such as Airbnb. And they also get it, as a court has now confirmed.
After a court ruling, the apartment broker Airbnb has to surrender the data of private landlords to the authorities if there is an initial suspicion of misappropriation.
The administrative court in Berlin dismissed the Irish company’s action, as announced on Thursday. Because of the fundamental importance of the case, the appeal to the Higher Administrative Court of Berlin-Brandenburg was admitted.
Airbnb operates an internet platform on which holiday apartments are offered for rent. In December 2019, the Berlin District Office Tempelhof-Schöneberg obliged the Dublin-based company to provide the names and addresses of numerous providers and the exact location of their quarters. The landlords had been listed on online lists. According to the court, the district office suspected that the ban on misappropriation of apartments was being violated because the advertisements had no or incorrect registration numbers or the business data of commercial landlords could not be recognized.
According to the court, a registration number has been legally introduced precisely because of the increasing anonymous offer of holiday apartments on the Internet. As a rule, it applies to landlords who offer their apartment as a holiday home for a short time. The number should be proof of a legal offer on the Internet.
Anyone wanting to rent out their apartment to holiday guests in Berlin has needed a permit since 2014. The law has been tightened further, due to the lack of living space, the regulations are to become even stricter.
Airbnb had argued that the district office’s decision was unlawful and that the information requested was unconstitutional. In addition, it is required to violate Irish data protection law.
However, the court ruled that there were no constitutional objections to the decision. It is true that the fundamental right to informational self-determination is interfered with, but this is proportionate, sufficiently determined and standardized. The applicant could not rely on Irish data protection law. The so-called country of origin principle cannot be applied here.
According to a survey by the German Press Agency at the beginning of April, Berlin districts have imposed fines in the millions against providers of unapproved holiday apartments since 2018. In seven districts alone, the total was 3.4 million euros.
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