CJEU case C-34/21 Hauptpersonalrat der Lehrerinnen und Lehrer – CJEU Judgment (European Union, 2023)
CJEU judgment — not a DPA enforcement action
This is a Court of Justice ruling, not an enforcement action by a data protection authority. It is not included in cookie statistics or the Risk Calculator.
The Court of Justice of the European Union clarified rules about processing teachers' personal data without consent during remote education. The court explained that national laws must meet specific GDPR requirements to be valid. This ruling helps clarify how GDPR applies to public sector employees, especially in education.
What happened
The CJEU clarified GDPR rules for processing teachers' data without consent during remote education.
Who was affected
Teachers whose personal data was processed under a regional education framework without their consent.
What the authority found
The Court of Justice held that national laws must meet GDPR requirements to process employee data without consent.
Why this matters
This ruling emphasizes that public sector data processing must comply with GDPR, affecting how educational authorities handle personal data.
GDPR Articles Cited
During the Covid-19 pandemic, the Minister for Education and Culture of the Land Hessen established a legal framework to enable remote education through video-calls. According to this framework, pupils (or pupils’ parents) should give their consent to the processing of personal data. However, no similar provision applied to teachers. A Committee of teachers brought an action before the Wiesbaden Administrative Court. According to the defendant, the provision that enabled the regional government to process data without teachers’ consent was § 23 of the Hessisches Datenschutz- und Informationsfreiheitsgesetz (Law on data protection and freedom of information of the Land Hessen). This provision would set “more specific rules” concerning workers’ data protection rights in accordance with Article 88 GDPR and in derogation to GDPR itself. However, the Administrative Court suspected that the controller did not comply with Article 88(2) GDPR, as the latter provision requires “suitable and specific legislative provisions” to be adopted in order to protect data subjects’ rights. The German court wondered whether a national provision that does not meet this requirement, such as § 23 of the German data protection law, could be seen as a legitimate implementation of Article 88 GDPR. Moreover, the court was not certain about the faith of such a provision, in case a national judge found it in contrast with Article 88(2) GDPR. In order to better clarify the relationship between paragraphs (1) and (2) of Article 88 GDPR, the German court issued a preliminary reference to the CJEU. In the first place, the CJEU clarified that Article 88 GDPR covered the facts at issue in the main proceeding and more in general public employment, as this provision is not specific to the private sector. According to the CJEU, it is the existence of a relationship of subordination between the employee and the employer and not the legal nature of this relationship that justifies the open clause provid
Outcome
CJEU Judgment
A judgment by the Court of Justice of the European Union, typically on a preliminary reference from a national court.
Related Cases (0)
No other cases found for CJEU case C-34/21 Hauptpersonalrat der Lehrerinnen und Lehrer in EU
This is the only recorded case for this entity in this jurisdiction.
Details
Judgment Date
30 March 2023
Authority
Court of Justice of the European Union
GDPRhub ID
gdprhub-cjeu-5150About this data
Cite as: Cookie Fines. CJEU case C-34/21 Hauptpersonalrat der Lehrerinnen und Lehrer - European Union (2023). Retrieved from cookiefines.eu
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