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Germany · Geography does not establish applicable law.
Confirmed applicable legislation

Court case 1 S 1739/20 – Court Ruling (Germany, 2020)

Court Ruling
DPA VGHBaden-Wrttemberg25 June 2020Germany
final
Court Ruling

Privacy enforcement record

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A court in Germany ruled that a regulation requiring restaurant visitors to provide contact details during the pandemic is likely constitutional. The court found that this requirement is necessary for public health, despite concerns about privacy. This ruling indicates that data collection for health purposes can be justified under certain conditions.

What happened

The court upheld the regulation that required restaurant visitors to provide their contact details for health tracking.

Who was affected

Visitors to restaurants in Baden-Württemberg who were required to provide their contact information.

What the authority found

The court ruled that the obligation to provide contact details is likely constitutional and compatible with data protection rules.

Why this matters

This decision shows that data collection for health reasons can be legally supported. Businesses should be aware of how public health regulations can affect their data collection practices.

Recorded legal citations
Automatically processed
Art. 5 GDPR
Art. 6(1) GDPR
Art. 9(1) GDPR
View original scraped data
Art. 5(GDPR)
Art. 6(1) GDPR
Art. 9(1) GDPR

Original imported citations before automated processing; the processing history does not establish independent verification.

National Law Articles
AI-identified
Article 2 (2) Grundgesetz (GG)
Artikle 2 (1) i.V.m. Artikel 2 (2) Grundgesetz (GG)
§ (1) Verordnung der Landesregierung über infektionsschützende Maßnahmen gegen die Ausbreitung des Virus SARS-CoV-2 (Corona-Verordnung - CoronaVO)
§ 2 (3) Corona-Verordnung Gaststätten - CoronaVO Gaststätten
§ 47 (6) Verwaltungsgerichtsordnung (VwGO) - Code of Administrative Court Procedure
Decision AuthorityVGH Baden-Württemberg

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Processing notes: articles corrected, national law identified, authority corrected.

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Full Legal Summary
Detailed

Due to the Corona pandemic, the Land Baden-Württemberg issued a regulation with measures to contain the Corona virus as well as a special regulation for restaurants and alike. According to these regulations, one has among others, the obligation to leave contact details when visiting a restaurant. A data subject complaint about the obligation of these regulations to provide contact details when visiting a restaurant, stasting that the purpose to process special categories of data according to Article 9 (1) GDPR is not proportional and necessary, as there are less restrictive measures like shorter opening hours and restrictions on how many people can be in a restaurant at the same time and the voluntarily provision of data for contract tracing. Moreover, it has been claimed that there is not enough protection for the personal data as personnel is not trained and changes a lot. Additionally, the data retention period of four weeks is too long. The obligation to provide contact details when visiting restaurants, as regulated in § 2 (3) CoronaVO Gaststätten, is likely to be constitutional and compatible with the provisions of the basic data protection regulation.

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 1739/20 in DE

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

Details

Ruling Date

25 June 2020

Authority

DPA VGHBaden-Wrttemberg

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Court case 1 S 1739/20 - Germany (2020). Retrieved from cookiefines.eu

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