Court case M 3 E 22.667 – Court Ruling (Germany, 2022)
General GDPR enforcement action
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An elementary school in Germany required students to show Covid-19 test certificates and wear masks, storing the certificates for 14 days. When parents asked the school to stop collecting and storing these certificates, the court ruled against them because the school had already sent the documents to the prosecutor due to forgery concerns. This case shows that schools can follow health regulations even if parents disagree.
What happened
The elementary school required students to provide Covid-19 test certificates and stored them, leading to a court case when parents wanted this practice stopped.
Who was affected
Pupils at the elementary school who were required to submit Covid-19 test certificates.
What the authority found
The court rejected the parents' request because the school had already sent the certificates to the prosecutor's office and no longer stored them.
Why this matters
This ruling underscores that schools can enforce health measures like storing Covid-19 test results if required by law, even if parents object. It also highlights the importance of compliance with public health regulations during emergencies.
GDPR Articles Cited
National Law Articles
The controller is an elementary school. The data subjects are pupils of the controller. Under the Bavarian Ordinance on Measures for the Prevention of Infection (16. Bayerische Infektionsschutzmaßnahmenverordnung – 16. BayIfSMV) , the controller required the the data subjects to show Covid-19 test certificates before being allowed to in-person classes. Moreover, pupils were obliged to wear face masks in school if they could not provide an exemption certificate by a doctor. The controller stored the certificates for 14 days, as prescribed by the Ordinance. On 31 January 2022, the data subjects requested the controller to delete the stored test certificates and stop further collecting them, which was rejected by the controller. Consequently, the data subjects filed an application for interim relief with the Administrative Court of München (Verwaltungsgericht München - VG München) on 10 February 2022 to order the school to stop storing and collecting the test and mask exemption certificates. In its statement of defense, the controller explained that it does not retain any certificates of the data subjects anymore, because it had filed a criminal complaint against the parents of the data subjects with the prosecutor's office on 7 February 2022 because of the suspicion of forgery of documents and had transmitted all the certificates as evidence in the course of the criminal complaint. The data subjects did not contest this statement of the controller. The court rejected the application for interim relief in its entirety. The court held that the application regarding the mask exemption certificates was already inadmissible when the data subjects filed the complaint, because, according to the uncontested statement of the controller, it transmitted all of the certificates to the prosecutor's office and did not store any certificates anymore. The court further reasoned that, because the duty to wear a mask in school was dropped on 2 April 2022, there were no indications su
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Court case M 3 E 22.667 in DE
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Court case M 3 E 22.667 - Germany (2022). Retrieved from cookiefines.eu
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