Court case 6 C 7.20 – Court Ruling (Germany, 2022)
General GDPR enforcement action
This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.
A German court case involved a man trying to correct his date of birth in official records, which was refused due to uncertainty about the correct date. The Federal Administrative Court ruled that without clear evidence of the correct date, the change could not be made. This case shows the importance of having accurate documentation when requesting data corrections.
What happened
The court refused to change a man's date of birth in official records due to uncertainty about the correct date.
Who was affected
A man born in Turkey who wanted to update his date of birth in German records to match his Turkish passport.
What the authority found
The court ruled that the right to correct data only applies when there is clear evidence of the correct information.
Why this matters
This ruling highlights the need for individuals to provide clear and accurate evidence when seeking to correct personal data. It also illustrates how data protection laws are applied to ensure data accuracy.
GDPR Articles Cited
The data subject was born in Turkey. His birth was first recorded in the civil status register in the district of Kayseri as 01 January 1956 and later corrected to 01 January 1958. When moving to Germany, which has been his country of residence ever since, in 1971, the data subject stated 01 January 1958 as his date of birth. This date was entered into the controller's register of residents. In 2015, his registered date of birth was changed to 01 January 1953 in Turkey after a decision of the District Court of Kayseri. Consequently, the data subject received a new Turkish passport stating this date of birth. When the data subject requested the controller to change his date of birth in its register accordingly, the controller refused due to a lack of certainty on his actual date of birth. The data subject pursued his request before the Administrative Court of Karlsruhe (Verwaltungsgericht Karlsruhe - VG Karlsruhe) where he was successful. The controller appealed against that decision and won before the Higher Administrative Court of Baden-Württemberg (Verwaltungsgerichtshof Baden-Württemberg - VGH Baden-Württemberg). Therefore, the data subject appealed the decision at the Federal Administrative Court. The Federal Administrative Court upheld the previous instance's decision, deciding that the data subject's request for rectification was unsuccessful. First, the Court agreed that the GDPR was applicable although the data subject's request had occurred before the GDPR's entry into force. Then, it confirmed the Administrative Court's application of Article 16 GDPR. The Administrative Court had correctly assumed that, while Article 16 GDPR was applicable, it could not be established that the data subject's birth date was indeed 01.01.1953. The Court confirmed that the right to rectification means the replacement of incorrect data with correct data. Consequently, there is no right to rectification if it cannot be established which data are correct. The Court disa
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Court case 6 C 7.20 in DE
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Court case 6 C 7.20 - Germany (2022). Retrieved from cookiefines.eu
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