Thu. Sep 19th, 2024
- This event has passed.
EU Advocate General: Opinion in Case C-768/21 Land Hessen on obligation of the data protection authority to act
11 April
Thursday, 11th April 2024
Opinion in Case C-768/21 Land Hessen (Obligation of the data protection authority to act)
(Principles, objectives and tasks of the Treaties – Data protection)
A customer of a savings bank asked the Data Protection and Freedom of Information Commissioner for the Land of Hesse (Germany) to take action against the savings bank because of a breach of his personal data. One of the savings bank’s employees had consulted the data on several occasions without being authorised to do so.
The Data Protection Commissioner found that there had been a breach of data protection under the General Data Protection Regulation (GDPR). However, he concluded that there were no grounds for action against the Savings Bank, which had already taken disciplinary measures against the employee concerned.
The customer challenged this refusal before a German court, asking it to order the
Data Protection Commissioner to take action against the Savings Bank. In particular, the customer claims that the Data Protection Commissioner should have imposed fines on the Savings Bank.
The German court asked the Court of Justice about the powers and obligations of the Data Protection Commissioner as a “supervisory authority” within the meaning of the GDPR.
Donnerstag, 11. April 2024
Schlussanträge des Generalanwalts am EU-Gerichtshof in der Rechtssache C-768/21 Land Hessen (Handlungspflicht der Datenschutzbehörde)
Schutz personenbezogener Daten
Eine Privatperson, deren Daten von der Mitarbeiterin einer Sparkasse aus privaten Gründen eingesehen wurden, verlangt vom Land Hessen ein Einschreiten gegen die betreffende Sparkasse. Die Person wollte durch die Sparkasse über den Datenschutzverstoß benachrichtigt werden.
Die Sparkasse entgegnete sie habe davon abgesehen, weil durch den Verstoß kein hohes Risiko drohe. Die Nachbarin habe die Daten nämlich weder weitergegeben, noch zum Nachteil des Klägers verwendet. Dieser verlangt nun ein Einschreiten der nationalen Aufsichtsbehörde in der Sache und die Verhängung eines Bußgeldes gegen die Sparkasse.
Der Gerichtshof soll klären, ob die betreffende Aufsichtsbehörde verpflichtet ist, einzuschreiten, oder ob sie in einem solchen Fall bloß die Möglichkeit zum Tätigwerden hat.
Generalanwalt Pikamäe legt heute seine Schlussanträge vor.
Details
- Date:
- 11 April
- Event Categories:
- EU Court of Justice, EVENT, IEU AGENDA
- Event Tags:
- C-768/21 Land Hessen
Venue
- EU Court of Justice
-
Palais de la Cour de Justice, Boulevard Konrad Adenauer, Kirchberg
Luxembourg, 2925 Luxembourg + Google Map - Phone
- +35243031
Organizer
- EU Court of Justice
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