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Thomas Fuchs, Hamburg's data protection officer, looks into the camera..aussiedlerbote.de
Thomas Fuchs, Hamburg's data protection officer, looks into the camera..aussiedlerbote.de

Fuchs criticizes HHLA for lack of transparency

The Hamburg Commissioner for Data Protection and Freedom of Information has issued a complaint against HHLA for a lack of transparency. The reason for this is the fundamental refusal of the municipal port logistics company to fulfill its legal duty to provide information to the citizens of Hamburg in accordance with the Hamburg Transparency Act, the data protection officer Thomas Fuchs announced on Tuesday.

The background to this was a request for information from a citizen who had asked for HHLA's business distribution plan and organization chart. He was denied this information on the grounds that HHLA, as a public limited company, acts purely in the private sector and does not perform any public duties. "HHLA is thus violating its statutory duty to provide information," Fuchs explained.

As HHLA fulfills a public task by operating container handling in the Port of Hamburg and was 70 percent owned by the city at the time of the inquiry in April, it is accountable to the public. Only information to protect business secrets could be refused.

The data protection officer called on the company to accept its duty to provide information. Should HHLA fail to do so, he held out the prospect of legal action before the administrative court.

In contrast to data protection law, the Commissioner cannot, according to the information provided, directly compel entities subject to information obligations to act in accordance with the law by issuing an order.

HHLA's refusal to disclose its business distribution plan and organization chart has raised concerns about data protection, as the company handles sensitive information related to transportation and shipping. The Hamburg Commissioner for Data Protection and Freedom of Information has advised HHLA to adhere to its legal duties regarding data protection, emphasizing the importance of protecting this information given its role in transportation.

Source: www.dpa.com

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