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

Court Ruling
DPA VGBerlin1 July 2020Germany
final
Court Ruling

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A student and their parents wanted to remove certain documents from the student's file, but the school refused. The court decided that the school didn't have to delete these documents because there was no immediate harm that needed fixing. This case shows that schools can keep records even if someone disputes them.

What happened

The court ruled that the school did not have to delete documents from a student's file as requested by the student and parents.

Who was affected

The student, their parents, and the school authority were involved in this case.

What the authority found

The court found that there was no legal requirement for the school to remove the documents in question.

Why this matters

This ruling highlights that schools can maintain records even when challenged, which may affect how parents and students approach disputes over school records.

National Law Articles
AI-identified
§ 4 (1) School Law of Berlin (Schulgesetz Berlin - SchulG BE)
Decision AuthorityOVG Berlin
Reviewed AuthorityVG Berlin (Germany)

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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

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 OVG 3 S 24/20 - Germany (2020). Retrieved from cookiefines.eu

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