Kronach’s landlords do not see themselves as help sheriffs

Kronach's landlords do not see themselves as help sheriffs

Special times call for special measures. Anyone who had asked restaurateurs throughout bavaria at the beginning of the year whether they could imagine recording the contact data of their guests and, starting in october, checking them as well – had probably attracted strange looks for a few beer-long hours.

Now the time has actually come. Since may there is a registration duty in bavaria in guesthouses. A week ago the bavarian government has tightened this up. Instead of hoping that customers will be honest enough to disclose their personal data, and at the same time trusting that they will not fall into the wrong hands, there is now a law that will make wrongdoers pay. A guest will have to pay up to 250 euros for obvious misnomers such as "mickey mouse", "sherlock holmes" or "schnabel schneider" sign up. A restaurant owner who does not keep a registration list in his food establishment and is caught doing so will pay up to 1000 euros.

But who has the duty to supervise the list now? The economist? The police? Doesn’t closer monitoring of guests also violate various data protection guidelines??

Always cover the list

At least with the data protection directive, there has been a clear answer since may. The list must be kept in such a way that it cannot be seen by third parties, i.E. By other guests. Whether the restaurateur has a right to see the data of his guests is, however, questionable. But the new guidelines leave him little choice.

"We don’t want innkeepers to be trained as sheriff’s deputies", says thomas geppert, regional manager of the german hotel and restaurant association (dehoga). The demand, which was briefly made, that a landlord must pay if a guest registers incorrectly, was absurd. Chancellor angela merkel also demanded this for a short time, says the driver. But for thomas geppert, that would be like asking the train driver to pay when a passenger doesn’t comply with the mandatory mouth protection. Even if a business owner does not comply with the registration requirement, i.E. Does not keep a list at all, he can be asked to pay by the regulatory authorities.

But who controls then? Geppert speaks of a plausibility obligation. If a restaurant owner notices that an imaginary name is entered in the list, he should make use of his house right. "In the case of obvious fantasy names, the host should point out that the real name is registered."

From a purely legal point of view, he can also demand identification if a guest wants to be served. But that would again be too much of a helpmate for managing director geppert. After all, it is the health authorities and the police who have to investigate a guest who has registered under a false name in the event of an infection. He will eventually be asked to pay if he is caught.

He gives other tips to the members of dehoga. For example, the QR code. A way for guests to sign in without the need for a pen and paper, so that not even the restaurateurs can see their full names.

Kerstin bar, who runs the hotel wasserschloss in mitwitz together with her sister claudia bethke, also uses the software called "darfichrein.De". She explained that she had printed out a QR code for this and stuck it on her reception counter. Guests scan the code on their cell phone, enter their data and display their green ticket on the screen. His first name can be seen in full, and a few letters in his last name have been replaced by diamonds, the hotel and restaurant owner explains. When he leaves, he logs out with one click.

The dehoga also recommends the software to its members, of course: the association launched the project in cooperation with the anstalt fur kommunale datenverarbeitung (AKDB) in munich in response to the pandemic. AKDB is again supported by municipal institutions: the bavarian city, municipal, county and district councils.

The data is securely encrypted with this system and stored on the company’s own servers in munich for four weeks. If no corona case occurs, the data is deleted. Otherwise, the health department contacts the respective restaurateur, who can release the data by means of a password.

There are always loopholes

But one problem remains: if the guest enters a fancy name, it doesn’t have to be noticed immediately. The advantage is that the guest does not feel monitored on site because his entire name is not visible. On the side of "darfichrein.De" a figure extrapolates that at 2250 host sites (as of last wednesday), more than 1.3 million people have already registered via the software lottery.

Probably especially busy establishments, such as coarser hotels, resort to this variant. This also saves the owners from having to collect contact data file by file.

In the tavern it looks different. Thomas welscher leads the "fresh source" at kronach. Many regular guests come to him, so he knows their names," explains the host. For others, he only checks the papers briefly at the table. But he has never come across a mickey mouse or angela merkel. The space problem is more of a problem for him. "But my guests are patient. They also accept this."

Markus ott is a brewer at "antla", and he doesn’t use software to register his passengers either. On the contrary, they register themselves thanks to the reservation. "Otherwise it is mostly full anyway", he says. He, too, has not come across any obvious fantasy names so far. He thinks for a moment. "No, no karl lagerfeld either", he says.