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Data collection from guests- gdpr Europe- passport

#1

Hi, I have a couple of flats on airbnb in the Czech republic. Recently the foreign police met with me, and did a standard interrogation. They asked about my business, when I said I rented flats on the airbnb, they said i should have copies of every person that has stayed here’s passport. I contacted the data people in the Czech (an EU data protection organisation) and they responded to me saying…

“With regard to the processing of Airbnb guest ́s personal data, this processing is based on the legal ground pursuant to point © of Article 6 (1) of GDPR [Regulation (EU) 2016/679 of the European Parliament and of the Council]. It means that processing (you do not need the guest ́s consent) is necessary for compliance with a legal obligation to which the controller is subject. This obligation is laying down by special Czech national legal Act No. 326/1999 Coll., concerning the Residence of Foreigners in the Czech Republic (viz Articles 99 to 102). This Act you can find on the web site: www.zakonyprolidi.cz”

Co-incidently I had a data legal expert stay with me at my airbnb, just on the weekend. She said, that under the GDPR laws in Europe its not possible for me to take a copy of a passport, the details yes, yet a copy no. However this is in conflict with the national legislation.

It seems that these are the rules that they have in Germany for Airbnb, yet they have not passed yet to the Czech law. Anyone going through the same troubles?

I’d really rather not be taking copies of peoples documents. Seems intrusive, if copies be needed, airbnb better be on that job. I provide the room/space and clean it. They sell the service and collect the money from the client.

You can visit my airbnb here.
airbnb//rooms/6690825

#2

The woman you spoke to who alleged she was a data expert was talking out of her arse I’m afraid @Jamison_Young. It is perfectly possible and easy to collect ID information under GDPR - just have a look at the legislation for how to do this.

There are many countries in Europe (actually I would venture most of them) that have it as a legal requirement to collect photo ID either identity card or passport from people staying with you.

It is not up to Airbnb to collect this information for you they are a listing company… It is a requirement of the country you are running your business in and it is your business not theirs.

2 Likes
#4

Poor analogy. Airbnb are an online booking platform, they supply you with potential guests and collect the fees from those guests. Once the guest books, complying with local tourist/foreigner legislation is down to you. You’re running a business, it isn’t an artistic project.

Cool. You end up in court she’ll be paying your legal fees as well? Paying your fine?

If the local tourist Police say copy the passport/ID Card, you do it. Alternatively you could say no, and risk being closed down, fined or both.

JF

2 Likes
#7

Your choice. Would I risk my business to simply prove this point? Nope. Good luck when two large hairy arsed Policie turn up wanting to see your guest records.

JF

#9

Meh… she still might have a hairy arse :roll_eyes:

#10

And why is it that women aren’t allowed to have hairy arses then?

#12

Jeez @Jamison_Young hundreds of thousand of people across Europe collect ID for the properties they manage and on behalf of hotels they work for and remain GDPR compliant.

Doing a PHD doesn’t make someone an expert. I work with GDPR as part of my day job and am likely to have a much better understanding than your student ‘expert’.

If you actually read the link I gave you rather than listening to your non expert student, you will see it confirms that you absolutely can collect passport or country ID information and remain compliant.

A two second search on Google would have led you to this. As you will see it is perfectly legal to collect ID https://www.visitbritain.org/business-advice/registration-and-data-protection.

It is irrelevant that you use Airbnb as your marketing and payment channel. You, not they have legal responsibility for collecting ID, so collect it. You are not a sub-contractor. Airbnb is a marketing channel. You are either self-employed or you use a company to run your business.

#14

It’s not an ‘artistic business’ by any definition of the term it is a service pure and simply. You sell accommodation. People pay you for it. Nothing artistic about that.

#16

Where did I say that @Jamison_Young?

#17

Please don’t be rude to people who are trying to be helpful. This is an international forum of hosts, mostly dominated by Americans. Maybe you would get answers that suited you better on a European host forum or in the Airbnb community forums.

It seems that you just came here to have an argument.

3 Likes
#20

Or try this as suggested:

#22

What happened to…

:thinking:

#23

Oh that’s interesting @KKC they linked to the same link that I provided to @Jamison_Young earlier in this thread.

And @Jamison_Young @KKC didn’t say there aren’t European members here, just that we are not in the majority. @JohnF and I are both European hosts and John hosts in a country where I believe ID has to be collected, like yourself which is why we provided you with advice.

#24

Correct. The regulations in respect of recording passports & ID cards for STR came into force in Andalucia in 2017.

JF

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