Court case 1 S 397/19 – Court Ruling (Germany, 2020)
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 a man's birth date should be corrected in official records after he provided new evidence. This is important because it shows how data accuracy is crucial and can impact personal records.
What happened
The Administrative Court of Karlsruhe ordered the correction of a man's birth date in the register of residents after he provided new documentation.
Who was affected
A man who had discrepancies in his recorded birth date in official German records.
What the authority found
The court decided that the man's birth date should be updated based on new evidence, emphasizing the importance of accurate personal data records.
Why this matters
This ruling underscores the importance of maintaining accurate personal data and the right to have records corrected. It highlights the need for authorities to consider new evidence when updating personal information.
GDPR Articles Cited
National Law Articles
The plaintiff was born in the Republic of Turkey. His birth was first recorded in the civil status register in the district of Kayseri as 01.01.1956 and later corrected to 01.01.1958 (following a ruling of the District Court Sarız in 1971). When moving to Germany in 1971, the plaintiff stated 01.01.1958 as his date of birth. This date was entererd into defendant's register of residents. In 2015, after the discovery of new documents by the plaintiff the District Court of Kayseri ruled that the plaintiff's date of birth in the civil status register in the district of Kayseri would be corrected to 01.01.1953. The plaintiff also received a new Turkish passport showing that date. Subsequently, the plaintiff requested the defendant to change his date of birth to 01.01.1953, which was rejected due to lack of certainty on the plaintiff's actual date of birth. After the plaintiff's objections to this rejection were dismissed by the Karlsruhe Regional Council, the plaintiff filed a complaint with the Administrative Court of Karlsruhe, which ordered the defendant to correct the plaintiff's date of birth recorded in the register of residents from 01.01.1958 to 01.01.1953. The defendant appealed againts that decision. Two disputes werde adressed from a data protection perspective: 1) What is the legal basis for a request for rectification of an entry in the register of residents if the request has been submitted before the GDPR entered into force but has not yet been decided on as valid or legally binding? 2) What are the consequences if the plaintiff requests the rectification of an entry in the register of residents and it is not possible to clarify when the plaintiff was actually born ("non liquet")? Does this entitle the plaintiff to (i) restriction of processing pursuant to or analogous to Article 18 (1)(a) GDPR, (ii) the entry of the date of birth claimed by the plaintiff or (iii) the replacement of his year of birth by the sequence of numbers "0000"? The Court held
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Court case 1 S 397/19 in DE
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Court case 1 S 397/19 - Germany (2020). Retrieved from cookiefines.eu
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