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

Court case 25 NE 21.2634 – Court Ruling (Germany, 2021)

Court Ruling
DPA VGHMnchen4 November 2021Germany
final
Court Ruling

Privacy enforcement record

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A student in Germany challenged the requirement to verify Covid-19 vaccination status in schools, claiming it violated her privacy. The court ruled that the processing of her health data was justified due to public health concerns. This case is important because it shows how public health measures can impact personal data rights.

What happened

The court ruled against a student's challenge to the processing of her vaccination status in schools.

Who was affected

The student who objected to the processing of her personal health data.

What the authority found

The court held that the processing of health data was justified under GDPR due to the public health threat posed by Covid-19.

Why this matters

This case illustrates the balance between public health needs and individual privacy rights, highlighting that exceptional circumstances can justify data processing.

Recorded legal citations
Automatically processed
Art. 9(2)(i) GDPR
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Art. 9(2)(i) GDPR

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Decision AuthorityVGH München

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Automated check recorded — 21 March 2026.

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

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Full Legal Summary
Detailed

A student applied to the Higher Administrative Court of Bavaria (Bayerischer Verwaltungsgerichtshof - BayVGH) seeking a suspension of the laws mandating verification of the Covid-19 vaccine and testing certificates in schools. The student claimed that she did not consent to the processing of her personal health data, and as only unvaccinated persons are tested, her vaccination status gets known to students as well as teachers. She claimed that considerable social pressure is being put on unvaccinated persons and in such circumstances, voluntary consent as per Article 9(2)(a) and 7 GDPR, does not remain meaningful. On the basis of low incidence and hospitalization risks, the student claimed that there was no cross-border health risk, and Article 9(2)(i) GDPR could not be applied in the present case. Rejecting the application, the Higher Administrative Court of Bavaria held that Art. 9(2)(i) GDPR applies. For the definition of “serious cross border threats” the court referred to Art. 168 TFEU and Decision No 1082/2013/EU of the European Parliament and of the Council. Art. 3(g) Decision No 1082/2013/EU defines “serious cross-border threat to health” as a life-threatening or otherwise serious hazard to health of biological, chemical, environmental or unknown origin which spreads or entails a significant risk of spreading across the national borders of Member States, and which may necessitate coordination at Union level in order to ensure a high level of human health protection. Due to the latest developments of the pandemic the requirements of this definition are fulfilled. With regard to the argument of social pressure on unvaccinated students the court was of the opinion that the burdens imposed by the processing of personal data are not disproportionate to the benefits accruing to the general public. The risk of stigmatisation may be countered with educational measures.

Outcome

Court Ruling

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

Related Cases (0)

No other cases found for Court case 25 NE 21.2634 in DE

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

Details

Ruling Date

4 November 2021

Authority

DPA VGHMnchen

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 25 NE 21.2634 - Germany (2021). Retrieved from cookiefines.eu

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