Court case 3 Bs 146/23 – Court Ruling (Germany, 2023)

Court Ruling
DPA VGHamburg29 November 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 German court ruled that a university could require candidates to provide their date of birth for election candidacy. This is significant because it clarifies that certain personal data can be necessary for specific purposes, like verifying age.

What happened

The court upheld the university's requirement for candidates to disclose their date of birth to ensure proper identification.

Who was affected

The candidate who filed the suit after being rejected for not providing his date of birth.

What the authority found

The court decided that the university's requirement to collect date of birth was justified for identifying candidates and ensuring they are of legal age.

Why this matters

This case sets a precedent for how universities and other organizations can handle personal data requirements, emphasizing that some data collection is necessary for specific functions.

GDPR Articles Cited

Art. 5 GDPR
Art. 6 GDPR
Art. 5(1)(c) GDPR
Art. 6(1)(e) GDPR

National Law Articles

§ 4 HmbDSG
Decision AuthorityOVG Hamburg
Reviewed AuthorityVG Hamburg (Germany)
Full Legal Summary
Detailed

The data subject as a data subject in this case, was a candidate for the election of the students' parliament at the University of Hamburg. Upon signing up for candidacy the data subject was requested to disclose his date of birth in the candidacy registration form, but he claimed this to be unnecessary and filed his candidacy without providing his date of birth. The University rejected his candidacy on this basis, claiming that all candidacies must also entail the candidates' date of birth. The data subject decided to file suit against the member organisation of the University with the Administrative Court of Hamburg (Verwaltungsgericht Hamburg, VG Hamburg) The controller is the University of Hamburg, a legal entity under public law of the City of Hamburg. The Hamburg University Election Act (Wahlordnung, WahlO) stipulates that to be able to run for elections, every candidate must provide their full name, student number, date of birth, current home address and an email address. In its submissions, the controller argued that processing the date of birth of candidates was necessary for the purpose of identifying them beyond doubt and ensuring that the candidates were of legal age. On 11 February 2023, the VG Hamburg, in the first instance, held that the data subject's candidacy registration form was incomplete because the required date of birth was missing and that this requirement does not raise any data protection concerns. Hence, the court took the view that he had not submitted a complete form in a timely manner and therefore could not run for election. The data subject thus decided to appeal the decision to the Higher Administrative Court of Hamburg (Oberverwaltungsgericht Hamburg, OVG Hamburg). The OVG Hamburg first of all held that the GDPR applies because the date of birth of a data subject constitutes personal data and its use in the context of the election is to be considered data processing. Further, the OVG held that the only legal basis for such da

Outcome

Court Ruling

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

Related Cases (0)

No other cases found for Court case 3 Bs 146/23 in DE

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

Details

Ruling Date

29 November 2023

Authority

DPA VGHamburg

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Cite as: Cookie Fines. Court case 3 Bs 146/23 - Germany (2023). Retrieved from cookiefines.eu

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