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S-Bahn Berlin – Court Ruling (Germany, 2023)

Court Ruling
DPA VGBerlin12 October 2023Germany
final
Court Ruling

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A Berlin court ruled that S-Bahn Berlin does not have to provide CCTV footage to a passenger who requested it. This case is important because it clarifies the limits of access to personal data captured by surveillance systems.

What happened

S-Bahn Berlin refused to provide CCTV footage to a passenger, claiming it only shares such data with law enforcement.

Who was affected

The passenger who requested access to the CCTV footage of their train.

What the authority found

The court ruled that S-Bahn Berlin was not obligated to provide the requested CCTV footage to the passenger.

Why this matters

This decision sets a precedent for how public transport operators handle requests for CCTV footage. It highlights the need for clear policies regarding data access and retention.

Recorded legal citations
Automatically processed
Art. 4(1) GDPR
Art. 15(3) GDPR
Art. 17(3) GDPR
Art. 18(1) GDPR
Art. 58(2) GDPR
View original scraped data
Art. 4(1) GDPR
Art. 15(3) GDPR
Art. 17(3) GDPR
Art. 18(1) GDPR
Art. 58(2) GDPR

Original imported citations before automated processing; the processing history does not establish independent verification.

National Law Articles
AI-identified
§ 20(1) Berlin Data Protection Act
§ 20(5) Berlin Data Protection Act
Decision AuthorityVG Berlin

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Full Legal Summary
Detailed

The controller in this case is the operator of the Berlin S-Bahn train network. Its trains are provided with CCTV cameras and the recorded data is saved for 48 hours and then automatically deleted unless requested by law enforcement authorities. A data subject visited a train of the controller on 6 October 2020 and on the same day sent an e-mail to the controller requesting access to the CCTV recordings of the train she was on and asked not to automatically delete the recordings after 48 hours. The controller refused to do so since, it claimed, it can only provide such data to law enforcement authorities. The data subject then complained to the Berlin DPA (Berliner Beauftragte für Datenschutz und Informationsfreiheit - BlnBDI), which issued a reprimand against the controller for violating the right to access of the data subject under Article 15 GDPR. Following the decision, the controller, hereinafter the plaintiff, appealed the decision by the Berlin DPA, as a defendant, before the Berlin Administrative Court (Verwaltungsgericht Berlin - VG Berlin). In its appeal, the plaintiff claimed, among others, first, that its video recordings do not constitute personal data under the GDPR as the individuals are not identifiable; secondly, that even if they were to be considered identifiable perosnal data, the effort to fulfill such requests is disproportionately high making also reference to Article 11(1) GDPR, which states that controllers are not required to process further information in order to comply with an access request. Through this legal action, the plaintiff sought the annulment of the reprimand and a court ruling stating that it is not obliged, in any case, to retain CCTV recordings for more than 48 hours and make them available to data subjects requesting access. The Berlin VG ruled, first of all that the plaintiff was not obliged to provide the data subject with the CCTV video recorings in question. The court recognised that the data included therein doe

Outcome

Court Ruling

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

Related Cases (0)

No other cases found for S-Bahn Berlin in DE

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

Details

Ruling Date

12 October 2023

Authority

DPA VGBerlin

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
Automatically normalized and classified

Cite as: Cookie Fines. S-Bahn Berlin - Germany (2023). Retrieved from cookiefines.eu

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