Court case OVG 3 S 24/20 – Court Ruling (Germany, 2020)

Court Ruling
DPA VGBerlin1 July 2020Germany
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 a student's request to delete certain school records was not justified. The court found that the documents in question were part of ongoing legal proceedings and did not need to be removed immediately. This case highlights the complexities of handling personal data in educational settings.

What happened

A student's request to delete certain school records was denied by the court.

Who was affected

The student and their parents who requested the deletion of school records.

What the authority found

The court decided that the documents did not need to be removed as they were part of ongoing legal proceedings.

Why this matters

This ruling shows that schools may retain certain records if they are part of legal processes, even if a student disputes their accuracy. Educational institutions should be aware of the legal context when handling data deletion requests.

National Law Articles

§ 4 (1) School Law of Berlin (Schulgesetz Berlin - SchulG BE)
Decision AuthorityOVG Berlin
Reviewed AuthorityVG Berlin (Germany)
Full Legal Summary
Detailed

A student, his/her parents and the school authority communicated a lot, this communication was requested to be deleted from the student´s file, as well as a copy of one report card. The school and authority refused to take out these documents, although the claimant claimed that they do not correspond with the reality. An obligation to remove that document, which formed the basis for the written reprimand issued on 11 October 2018, cannot be required in a claim for interim injuction. In any event, there is no need for legal remedy in this regard in view of the appeals brought against the school regulation measure, which also open a review of the decision taken in the class conference. The argument that pages 51 to 54 contain clearly incomplete copies of notices of opposition is not comprehensible. Insofar as the applicants request the removal of the copy of the report card dated 1 February 2019 (page 2), a serious and unreasonable disadvantage, which could no longer be remedied by a decision in the main proceedings, is in any event not recognisable, in view of the undisputed failure to assess the individual subjects and the fact that an assessment of the applicant's conduct in the second place for the first half of the school year 2018/2019 can no longer be inferred from the school record.

Outcome

Court Ruling

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

Related Cases (0)

No other cases found for Court case OVG 3 S 24/20 in DE

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

Details

Ruling Date

1 July 2020

Authority

DPA VGBerlin

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Cite as: Cookie Fines. Court case OVG 3 S 24/20 - Germany (2020). Retrieved from cookiefines.eu

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