- Enforcing jurisdiction
- Germany · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
Court case M 3 E 22.667 – Court Ruling (Germany, 2022)
Privacy enforcement record
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A court in Munich rejected a request from students to stop their school from storing Covid-19 test certificates. The court found that the school had already deleted the certificates and was no longer collecting them. This case illustrates the importance of transparency in data handling during health crises.
What happened
Students requested their school to stop storing Covid-19 test certificates, but the court ruled against their request.
Who was affected
Students at the elementary school who were required to show Covid-19 test certificates.
What the authority found
The court held that the school no longer retained the certificates and therefore the request to stop storing them was moot.
Why this matters
This ruling highlights the need for schools and organizations to communicate clearly about their data handling practices, especially during public health emergencies.
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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
Ruling Date
4 May 2022
Authority
DPA VGMnchen
About this data
Cite as: Cookie Fines. Court case M 3 E 22.667 - Germany (2022). Retrieved from cookiefines.eu
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