- Enforcing jurisdiction
- Germany · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
Court case 4 CS 21.2254 – Court Ruling (Germany, 2022)
Privacy enforcement record
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A German court ruled that a municipal water provider could not force residents to accept a remotely readable water meter without proper justification. The residents objected, arguing that the data collected was personal. This ruling emphasizes the need for transparency and consent in data collection practices.
What happened
Residents objected to the installation of a remotely readable water meter by their municipal water provider.
Who was affected
Private individuals living in a property served by the municipal water provider.
What the authority found
The court decided that the water provider could not impose the new meter without demonstrating the necessity for collecting personal data.
Why this matters
This ruling reinforces the principle that organizations must justify data collection practices and respect individuals' rights to privacy. Companies should be cautious when implementing new data collection technologies.
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Automated check recorded — 17 March 2026.
Processing notes: articles corrected, national law identified, authority corrected.
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The controller is a municipal water provider. Its data subjects are private persons living on a property that has two residential units. This includes a water meter that records the consumption of both residential units. A letter from the controller of February 2021 contained the note that with the next change of the electronic water meter it was planned to install a water meter that is remotely readable and runs with a wireless function. The controller set the data subjects a deadline of two weeks to make an objection if they did not want the water meter to be remotely readable. The controller made clear that in that case, the supply of several residential units by the water meter would not be given. The data subjects made an objection and did not allow the employee of the controller access the water meter. On 20 April 2021, the data subjects also objected according to Art. 21(1) GDPR. On 12 May 2021, the controller obliged the data subjects by a notice, among other things, to let the employees of the controller access the water meter. On 9 June 2021, the data subjects again did not grant access to the employee of the controller. On 11 June 2021, they filed an appeal against the notice from 12 May 2021 with the Administrative Court Bayreuth VG Bayreuth. The data subjects also requested the VG Bayreuth to grant a preliminary injunction. According to the data subjects, the collection of the data would not be necessary for running the water supply. They argued that the data processed was personal data as it was possible to know who for example is not at home with additional knowledge and other data. The controller on the other hand argued that there was no possibility to assign the consumption of water to individual persons. Therefore, the controller was of the opinion that it was not a matter of personal data. Hence, there was also no possibility to make an objection regarding the installation of a water meter that is remotely readable. On 15 July 2021, the contro
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Court case 4 CS 21.2254 in DE
This is the only recorded case for this entity in this jurisdiction.
Details
Ruling Date
7 March 2022
Authority
DPA VGBayreuth
About this data
Cite as: Cookie Fines. Court case 4 CS 21.2254 - Germany (2022). Retrieved from cookiefines.eu
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