- Enforcing jurisdiction
- Germany · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
Court case 31 C 2043/22 (78) – Court Ruling (Germany, 2023)
Privacy enforcement record
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A court ruled that a language test provider could refuse to give a student a copy of her exam paper. The court decided that while the student's answers were personal data, the test questions were trade secrets. This ruling highlights the balance between privacy rights and business interests.
What happened
The court upheld the test provider's refusal to provide a copy of the student's exam paper based on trade secret protections.
Who was affected
The student who requested a copy of her language examination paper after failing the test.
What the authority found
The court found that the test questions were trade secrets, allowing the provider to deny the student's request for a copy of her exam.
Why this matters
This ruling illustrates the complexities of data access rights. Companies should be aware of how trade secrets may affect their obligations under privacy laws.
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After failing a language test, a data subject requested the test provider (controller) to provide her a copy of her examination paper under Article 15(3) GDPR. The controller offered the data subject to consult her paper at its office but refused to provide a copy. It argued that the majority of the paper did not contain personal data under the meaning of Article 4 GDPR and that it had an interest in secrecy that justified its refusal to provide a copy under Article 15(4) GDPR. Unsatisfied, the data subject brought an action with the Amstgericht Frankfurt (local Court of Frankfurt). First, the Court did not follow the controller's argument concerning the non-personal nature of the data included in the paper. Indeed, the answers of the data subjects and the comments of the examiner constituted personal data under Article 4 GDPR. The test questions however were not personal data. Second, the Court weighed up the right of the data subject to obtain a copy and the interest of the controller in secrecy under Article 15(4) GDPR. It considered that the test questions constituted trade secrets within the meaning of national provisions and that the development of these language test represented a complex procedure involving considerable economic effort. These tests are used in naturalization procedure and due to a lack of secrecy, there could be a risk that the examination would no longer be considered sufficient to determine language skills for this purpose. As a result, the entrepreneurial freedom of the controller could be threatened. The Court therefore considered that on the basis of its interest to secrecy, the controller could refuse to provide a copy under Article 15(4) GDPR. It also took into account that the right to access was not entirely denied since the data subject could consult her paper at the controller’s office.
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Court case 31 C 2043/22 (78) in DE
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Court case 31 C 2043/22 (78) - Germany (2023). Retrieved from cookiefines.eu
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