- Enforcing jurisdiction
- Germany · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
Private Individual – Court Ruling (Germany, 2021)
Privacy enforcement record
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A court ruled that a debt collection company could not remove a registered claim from a credit agency without proper agreement. The individual involved had paid off their debt but faced issues with the claim still being registered. This case illustrates the complexities of debt management and data privacy rights.
What happened
A debt collection company failed to remove a claim from a credit agency despite a settlement agreement.
Who was affected
The individual affected is a person who had a debt with a bank and was represented by a debt collection company.
What the authority found
The court upheld that the debt collection company could not enforce the removal of the claim without a valid agreement in place.
Why this matters
This ruling highlights the importance of clear agreements in debt management and the implications for individuals' credit records.
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Controller (company B) is a company that collects debts. The data subject had a contractual relationship with a bank (company A), since they had a credit card account at this bank. The data subject experienced payment difficulties in 2017, which resulted in debt. Ultimately, this led company A to commission company B with the collection of the accumulated debt. Although it remained disputed between the parties whether the data subject and company B concluded a payment arrangement to pay off the debt, the data subject then paid instalment fees to company B to resolve the whole debt. However, company B still registered a claim for €1,546 with SCHUFA Holding AG. This is a credit reference agency that registers debt so that other companies can assess a customer's creditworthiness. The data subject then brought the action before the Regional Court of Lüneburg (Case number 3 O 143/20), in which the data subject and company A concluded a settlement, in which company A promised to have the registered claim of €1,546 removed from the database of SCHUFA Holding AG, pursuant to Article 17(1)(a) GDPR. Company B then contacted the SCHUFA Holding AG to have the claim removed, but the latter did not fulfil the request for deletion. On 10 February 2021, the data subject filed a complaint with the Hessian DPA. The DPA, however, rejected the complaint because it did not see a violation of the GDPR. Consequently, it held that there was no possibility of obliging SCHUFA Holding AG to delete the entry. It was assumed that an agreement on payment in instalments had not been concluded, even if the data subject had behaved in this way. The data subject appealed against this decision before the Administrative Court of Wiesbaden. The Administrative Court of Wiesbaden upheld the appeal. First, the Court considered that the Hessian DPA is the competent supervisory authority pursuant to Article 64(1)(a) GDPR, and that the Court is competent to hear the disputes pursuant to Section 20(1) a
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Private Individual in DE
This is the only recorded case for this entity in this jurisdiction.
Details
Ruling Date
27 September 2021
Authority
DPA VGWiesbaden
About this data
Cite as: Cookie Fines. Private Individual - Germany (2021). Retrieved from cookiefines.eu
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