¿Puedo tener los datos de contacto de los vecinos si soy el presidente? El administrador de fincas se niega a entregármelos

Soy presidente de una comunidad de 57 propietarios. I want to know if I have the right to have the phone numbers and emails of all of them without asking for their permission. The property manager refuses to give them to me due to data protection.

Legally, the community of owners is the owner of information and responsible for processing data. The president acts as its legal representative, while the property manager is a service provider acting as the processor. Therefore, the manager's refusal to provide this information lacks legal basis and shows a confusion of roles established in the General Data Protection Regulation (GDPR) and the Organic Law on Data Protection and Guarantee of Digital Rights (LOPDGDD). The community, as processor, decides the purposes and means of using data.

Moreover, article 13.3 of the Horizontal Property Law attributes the legal representation of the community to the president in all matters affecting it. On the other hand, the manager treats data only on behalf of the community and following its instructions. Consequently, the manager cannot retain or hide information from the community or its legal representative.

The president has the right to access the email addresses and phone numbers of the owners to perform the duties attributed to him by the Horizontal Property Law, such as convening meetings, notifying agreements, managing incidents or sending urgent communications. This access does not require the individual consent of each owner, as it is justified by the performance of legal obligations and the legitimate interest of the community.

However, the president can only use these data for purposes related to community management. He cannot assign them to particular, commercial uses or share them with other neighbors. The persistent refusal of the manager to provide these data may constitute a breach of data protection regulations, a violation of his contractual obligations and, in certain cases, a deontological infraction subject to disciplinary sanction.

Furthermore, if this action causes harm to the community, it could give rise to a claim for damages and prejudice. In short, the president has the right to obtain the list of emails and phone numbers of the 57 owners for the performance of his functions. The manager's refusal is a blatant breach of contractual obligations and a violation of European and national data protection regulations.

However, the president cannot use these data to create WhatsApp groups without the prior consent of the affected, or to send mass emails showing the recipients' email addresses. He must always use the hidden copy (CCO). When leaving his post, he must deliver these data to the new president and stop keeping or using them. If he has doubts, suggestions or simply wants to share his case, he can send an email to vivienda@elpais.es.

The data provided will be processed by EDICIONES EL PAÍS, S.L.U., (C/ Miguel Yuste, 40, 28037-Madrid), for the purpose of managing his doubts and/or testimonies and producing informative content. He can exercise his data protection rights through the address dpo@prisa.com, identifying himself and indicating the right he wishes to exercise. For more information, consult the Privacy Policy.