A HLM office sanctioned for using the tenant file for political purposes

The renting of an apartment is not paid in personal data. The National Commission computer and freedom (Cnil) pronounced this Tuesday a public sanction as well as a fine of 30.000 euros against the Public Office of the habitat of Rennes Métropole, Archipel Habitat. The social landlord is accused of misappropriating the tenant information file for political purposes.

The facts go back to last October, when Nathalie Appéré, president of Archipel Habitat and also PS Mayor of the city, signs a letter addressed to the 12,500 tenants of social housing in Rennes. This letter openly criticizes the government's decision to reduce the amount of personalized housing badistance (APL) and compensate for this decline by reducing the amount of their rent. He denounces an "unfair measure (which) would have terrible repercussions on the quality of your living environment". It also mentions the national initiatives of mobilization against this reform.

Political instrumentalization

This mail had provoked the anger of the antenna of the Republic In March (LREM) in Ille-et-Vilaine but also of the opposition from right to the city council, which is at the origin of the seizin of the Cnil. "Archipel Habitat is a public institution subject to a duty of neutrality. Even by the voice of its president, it does not have to intervene or react on political orientations of the government "had then estimated Bertrand Plouvier, leader of the opposition LR, with the newspaper Ouest France.

The DPO for its part defended any willingness of communication of a political nature by indicating that the mail of the controversy had for sole purpose to inform the tenants of the new regulatory provisions relating to the amount of the APL and their impact on the resources allocated to the DPO. In addition, the DPO stated that this information was part of its activities and the missions it pursues, particularly those of rental management and the implementation of public policies concerning social housing.

The CNIL did not pronounce in its deliberation on the "instrumentalization" denounced by the opponents to the mayor of Rennes. She notes that the mail can not be a simple informational message given the terms used in the letter and the fact that it was sent to all tenants, whether or not they benefit from APL. The Constable of Personal Data also notes a breach of one of the fundamental principles of the Data Protection Act, stating that "this mail was incompatible with the initial purpose of the collection of these data, namely the management of applications for social housing or real estate park.

For this breach of Article 6.2 of the Data Protection Act, the OPH receives a penalty of € 30,000. La Cnil also explains its decision to make this decision public by the need to "publicly remind all stakeholders in the social sector the prohibition to use user files for other purposes and incompatible with the original purposes" .