Berlin Administrative Court decides Airbnb Germany has no obligation to disclose user data

On March 14, the Berlin Administrative Court confirmed in its decision that Airbnb Germany is not obligated to release personal users’ data. Contrary to what some press has suggested, the court did not oblige Airbnb Ireland to disclose the data in dispute.

There is a clear difference between sharing aggregated data on the Airbnb community and sharing users’ personal data, the latter of which can only take place on a valid legal basis and in accordance with national and European rules. The protection of Airbnb’s user data is our highest priority and is subject to strict national and EU legal requirements. For host and guest personal data, the following will continue to apply: authorities and other public bodies must contact the service provider of the Airbnb platform, Airbnb Ireland, for information about users on the basis of a valid legal basis, in compliance with the applicable procedures and national and European legislation.

With this judgment, the Administrative Court confirms its decision made in July 2017, when it was in preliminary proceedings on the same case. Last year, the district office had asked Airbnb Germany to provide information about a host in Berlin-Pankow. Despite the clear decision of the court, the State of Berlin, represented by the Pankow District Office, maintained its claim, which is why Airbnb Germany was forced to file an action for annulment against the corresponding notice of opposition, which was now decided in the spirit of Airbnb on March 14, 2018.

We are in dialogue with the Senate Department for Urban Development and Housing, some district offices and members of the Berlin House of Representatives and regularly provide aggregated information about the Airbnb community.