Court case AN 14 K 19.01313 – Court Ruling (Germany, 2023)

Court Ruling
DPA VGAnsbach3 August 2023Germany
final
Court Ruling

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 court ruled that the Bavarian DPA failed to respond to a user's complaint about a data issue within the required time frame. The court decided that the DPA was liable for not acting promptly on the complaint. This ruling emphasizes the importance of timely responses from data protection authorities.

What happened

The Bavarian DPA did not respond to a user's complaint within three months, leading to a court case.

Who was affected

The user who filed the complaint against the DPA was affected by the lack of response.

What the authority found

The court held that the DPA's delay in responding to the complaint made it liable for costs under GDPR rules.

Why this matters

This ruling shows that data protection authorities must act quickly on complaints. It encourages users to assert their rights and reminds authorities to maintain timely communication.

GDPR Articles Cited

Decision AuthorityVG Ansbach
Full Legal Summary
Detailed

The data subject lodged a complaint against a controller with the Bavarian DPA via email. The DPA never reacted to such an email. Therefore, the data subject brought an action against the DPA, lamenting that the latter did not take into consideration their original complaint within the legally established term of three months. Eventually, the DPA took action, examined the data subject’s complaint and rejected it for lack of any GDPR violation. The data subject accepted the merit of the decision and withdrew its principal legal action but also asked the DPA to bear the costs of the procedure. In the data subject’s view, the DPA’s lack of response still amounted to a failure to act for which the DPA was liable. The DPA refused to pay the costs arguing that the data subject’s email was not a complaint within the meaning of Articles 77 or 78 GDPR, as no GDPR violation by the controller was argued. Thus, the procedure continued exclusively with regard to the costs. The Administrative Court of Ansbach (Verwaltungsgericht Ansbach – VG Ansbach) upheld the data subject’s view. According to the court, the email sent to the DPA amounted to a complaint pursuant to Article 77 GDPR. The right to an effective remedy implies that the procedural requirements to file a complaint with a supervisory authority shall not be interpreted too strictly. The lack of response within the legally established term of three months in turn entailed a liability pursuant to Article 78(2) GDPR. The DPA did not show any compelling reason for which the decision was delayed. According to the court, informing a data subject pursuant to Article 78(2) GDPR is not a particularly high standard to meet. The court completely disregarded the outcome of the complaint on the merits. As the data subject had withdrawn its action, the main procedure was discontinued. However, the court ordered the DPA to bear the costs, applying a provision of German national law (§ 161(3) VwGO) by analogy.

Outcome

Court Ruling

A ruling by a national court on a data-protection matter.

Related Cases (0)

No other cases found for Court case AN 14 K 19.01313 in DE

This is the only recorded case for this entity in this jurisdiction.

Details

Ruling Date

3 August 2023

Authority

DPA VGAnsbach

About this data

Data: GDPRhub (noyb.eu)
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Cite as: Cookie Fines. Court case AN 14 K 19.01313 - Germany (2023). Retrieved from cookiefines.eu

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