Court case 3 U 2469/23 – Court Ruling (Germany, 2024)
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 in Germany ruled that a journalist's video on YouTube did not violate a person's rights, even though the video included statements about the person and their company. The court found that the connection between the person and the company was weak, as the person was not in a representative role. This decision highlights the limits of personal rights when it comes to opinions expressed in media.
What happened
The court dismissed a case where a person sought to remove a YouTube video containing statements about them.
Who was affected
The person who complained about the video and the company they were associated with.
What the authority found
The court concluded that the video expressed opinions rather than established facts and that the person's connection to the company was insufficient for a rights violation.
Why this matters
This ruling shows that opinions in media may not always infringe on personal rights, which can impact how individuals and companies approach content creation and sharing. It serves as a reminder for content creators to be mindful of how their work may affect others.
GDPR Articles Cited
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On 1 October 2020, a journalist uploaded a video to the Youtube platform (controller). The data subject complained about statements made about him and the company he was part of. The journalist did not reply to any emails about the uploaded video. On 13 November 2020, the data subject complained to the controller about the video. In response on the same day, the controller asked the data subject for providing the specific statements in corresponding time. On 7 May 2021, the data subject's lawyer requested the deletion of the video from the Youtube (controllers platform). The controller asked the data subject to provide proof of identity and information about the statements that violated personal rights. The data subject sent a power of attorney. The controller explained that more information was needed about the image, name, or other personal data. The data subject's lawyer wrote to the controller on 8 November 2021. The controller then blocked the video for the local state domain and informed the data subject by email on 16 November 2021. The controller has not provided any further steps. The data subject initiated legal proceeding, which resulted in the controller being ordered to refrain from making the contribution to the video posted by the journalist. The controller had not fulfilled its obligation to request appropriate information from the author of the video. The controller appeals against aforementioned judgement. The Higher Regional Court Nuremberg amended the judgement of the Regional Court of Nuremberg-Fürth of 14 November 2023, case no. 11 O 7452/21. The action is dismissed. The link between the data subject and the company was found to be weak, as the data subject was not in a representative position. The Higher Regional Court Nuremberg concluded that the video presented opinions rather than established facts about the data subjects professional capacity and operations in the company.
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 U 2469/23 in DE
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Court case 3 U 2469/23 - Germany (2024). Retrieved from cookiefines.eu
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