Tue. Feb 25th, 2025
- This event has passed.
Mündliche Verhandlung vor dem Gerichtshof in der Rechtssache C‑634/21 SCHUFA Holding u.a zum Scoring
26 January 2023
Donnerstag, 26. Januar 2023
14.30 Uhr!
Mündliche Verhandlung vor dem Gerichtshof in der Rechtssache C‑634/21 SCHUFA Holding u.a. (Scoring)
Erstellung von Score-Werten durch private Wirtschaftsauskunfteien
Die private Wirtschaftsauskunftei SCHUFA versorgt ihre Vertragspartner mit Informationen zur Kreditwürdigkeit Dritter und erstellt zu diesem Zweck sog. Score-Werte. Für die Ermittlung dieses Wertes wird aus bestimmten Merkmalen einer Person auf der Grundlage mathematisch-statistischer Verfahren für diese die Wahrscheinlichkeit eines künftigen Verhaltens, wie beispielsweise die Rückzahlung eines Kredits, prognostiziert. Die im Einzelnen zugrunde gelegten Merkmale als auch das mathematisch-statistische Verfahren werden von der SCHUFA nicht offengelegt.
Eine Betroffene, die die Löschung ihrer Ansicht nach falscher Eintragungen sowie Auskunft über die über sie gespeicherten Daten begehrt, wandte sich an den Hessischen Datenschutzbeauftragten. Dieser lehnte ihr Begehren jedoch ab, da die SCHUFA bei der Berechnung des Bonitätswertes den im Bundesdatenschutzgesetz detailliert geregelten Anforderungen in der Regel genüge und im hiesigen Fall keine Anhaltspunkte vorlägen, dass dem nicht so sei.
Das von der Betroffenen angerufene Verwaltungsgericht Wiesbaden ersucht den Gerichtshof vor diesem Hintergrund um Auslegung der Datenschutzgrundverordnung 2016/679.
Es möchte in erster Linie wissen, ob die Tätigkeit von Wirtschaftsauskunfteien, Score-Werte zu erstellen und diese ohne weitergehende Empfehlung oder Bemerkung an Dritte (beispielsweise Banken) zu übermitteln, die dann unter maßgeblicher Einbeziehung dieses Score-Wertes mit der betroffenen Person vertragliche Beziehungen eingehen oder davon absehen, unter das grundsätzliche Verbot der automatisierten Einzelfallentscheidung fällt und somit nur dann zulässig ist, wenn ein Ausnahmetatbestand erfüllt ist (siehe auch Pressemitteilung des Verwaltungsgerichts Wiesbaden Nr. 15/2021).
Heute findet die mündliche Verhandlung statt.
Details
- Date:
- 26 January 2023
- Event Categories:
- EU Court of Justice, EVENT, IEU AGENDA
- Event Tags:
- C‑634/21, SCHUFA Holding, Scoring
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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