VG Berlin - 3 L 664/21 A
| VG Berlin - 3 L 664/21 A | |
|---|---|
 | |
| Court: | VG Berlin (Germany) |
| Jurisdiction: | Germany |
| Relevant Law: | Article 9(2)(g) GDPR Article 11(1)(e) and (f) Directive 2011/95/EU § 73 (1) AsylG |
| Decided: | 17.01.2022 |
| Published: | 17.01.2022 |
| Parties: | |
| National Case Number/Name: | 3 L 664/21 A |
| European Case Law Identifier: | ECLI:DE:VGBE:2022:0117.3L664.21A.00 |
| Appeal from: | |
| Appeal to: | |
| Original Language(s): | German |
| Original Source: | Berliner Vorschriften- und Rechtsprechungsdatenbank (in German) |
| Initial Contributor: | Florian Wuttke |
When reviewing the status of an asylum application on religious grounds, the data subject had to explain how their interest in the Christian religion had developed since being granted refugee status. The court found that the request was lawful, necessary and proportionate.
English Summary
Facts
In 2016, the data subject entered Germany and applied for asylum. The asylum application was made on grounds that the data subject had converted from the Muslim to the Christian faith and feared being arrested for reasons of faith in his home country. In his application the data subject credibly demonstrated that, due to the conversion, he would face state persecution if returned to the home country and refugee status was subsequently granted. In 2021, the German Federal Office for Migration and Refugees (FOMR) reassessed of the data subject's refugee status. In a request for information with deadline subject to a fine, the FOMR asked the data subject to explain, how his interest in the Christian religion had been developing since refugee status was granted or whether the data subject had tried to convince other people of the Christian faith. In addition, the data subject was asked to provide evidence of a conversion to Christianity and of any involvement in a church congregation. The data subject filed a complaint against this course of action.
The Administrative Court had to decide, inter alia, whether the FOMR’s request for participation was incompatible with GDPR requirements under EU law.
Holding
The administrative court decided that the request for information was compatible with GDPR requirements under EU law. The court did not find a breach of the processing of special categories of personal data under Article 9 GDPR.
Comment
Article 9(1) GDPR prohibits the processing of special categories of personal data, such as religious or philosophical beliefs, unless the processing is, inter alia, necessary under Article 9(2)(g) GDPR for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject.
The court held that under section 73(1) German Asylum Act (AsylG), Article 11(1)(e) and (f) Directive 2011/95/EU and Article 1 C Geneva Convention Relating to the Status of Refugees, a person’s refugee status could be revoked or withdrawn if its conditions were no longer met. Thus, the request was based on EU law and the law of a Member State. The FOMR had to prove and justify the conditions for revocation. The request for information was therefore necessary and proportionate in the context of the proceedings. The request was also reasonable, as data subject have the possibility to apply for legal protection against it.
Since the request was limited to the reassessment of the refugee status, it respected the right to data protection. Reassessments under section 73 AsylG must take place no later than three years after the original decision has become unappealable, and refugee status must be revoked immediately if the conditions for it no longer exist. The request for information was therefore also of substantial public interest.
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English Machine Translation of the Decision
The decision below is a machine translation of the German original. Please refer to the German original for more details.
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