Access to Personal Data in Public Land Registers: Balancing Publicity of Property Rights with the Rights to Privacy and Data Protection

Abstract

When you buy a home, should that also mean you have to inform the whole world where you live, how much you paid for it, and whether you financed the purchase with a mortgage loan? In essence, the Netherlands and England & Wales answer this question in the affirmative. The only thing that stands in the way of anyone accessing this information in the land registry is the payment of a small fee. In Germany, on the other hand, access to this personal data is restricted to the person who can show a legitimate interest in the information. This study examines the principle of publicity of property rights and how it has developed in light of technological advances made in information collection, processing, and dissemination. How does this publicity principle and its practical application in land registries hold up against the fundamental rights to privacy and data protection? As such, the study may be of interest to legislators, conveyancing professionals, as well as other researchers.