Court case 11 K 4526/16 – Court Ruling (Germany, 2019)

Court Ruling
DPA VGPotsdam19 November 2019Germany
final
Court Ruling

General GDPR enforcement action

This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.

A German court ruled that handwritten notes by a court president about a job applicant are not covered by GDPR. The court decided that GDPR only applies to data processed by computers, not handwritten notes. This matters because it clarifies what types of data are protected under GDPR.

What happened

The court ruled that handwritten notes about a job applicant are not subject to GDPR rules.

Who was affected

The job applicant who requested access to the handwritten notes about his application.

What the authority found

The court decided that GDPR does not apply to handwritten notes, as they are not processed using computers.

Why this matters

This ruling clarifies that GDPR protections do not extend to all types of personal data, specifically excluding handwritten notes. Businesses and organizations should understand that only data processed by digital means are covered under GDPR.

GDPR Articles Cited

Art. 2(1) GDPR
Art. 4(1) GDPR
Art. 15(1) GDPR
Decision AuthorityVG Potsdam
Full Legal Summary
Detailed

The plaintiff had applied for a position at the Administrative Court. His application was rejected based on an assessment which included notes of the President of the Court. The plaintiff requested access to his personal file including that assessment, as provided for in Article 15(1) GDPR, which was kept by the Higher Administrative Court. The Court denied the request. Does Article 15 GDPR apply to hand written paper notes? In the judgement, as for the part that is relevant here, the Berlin-Brandenburg Administrative Court ruled that the GDPR does not apply to the notes of the President of the Administrative Court. According to Article 2(1) GDPR, it applies to data processing which is carried out wholly or partly by automated means. This term is not defined under Article 4 GDPR. According to Article 3(2) of the German Federal Data Protection Act (BSDG), the term automated data collection means the collection, processing or use of personal data using data processing equipment. In this case the President’s notes contain personal data of the plaintiff but they are handwritten and not collected or processed using data processing equipment.

Outcome

Court Ruling

A ruling by a national court on a data-protection matter.

Related Cases (0)

No other cases found for Court case 11 K 4526/16 in DE

This is the only recorded case for this entity in this jurisdiction.

Details

Ruling Date

19 November 2019

Authority

DPA VGPotsdam

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Data: GDPRhub (noyb.eu)
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Cite as: Cookie Fines. Court case 11 K 4526/16 - Germany (2019). Retrieved from cookiefines.eu

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