CJEU - C-205/25 - Bayerisches Landesamt für Datenschutzaufsicht
| CJEU - C-205/25 Bayerisches Landesamt für Datenschutzaufsicht | |
|---|---|
 | |
| Court: | CJEU |
| Jurisdiction: | European Union |
| Relevant Law: | Article 15 GDPR Article 23 GDPR § 20(2) BayDSG |
| Decided: | |
| Parties: | |
| Case Number/Name: | C-205/25 Bayerisches Landesamt für Datenschutzaufsicht |
| European Case Law Identifier: | |
| Reference from: | VG Ansbach (Germany) AN 14 K 22.02562 |
| Language: | 24 EU Languages |
| Original Source: | |
| Initial Contributor: | tjk |
TBD
English Summary
Facts
The data subject is a journalist and runs a blog that deals - inter alia - with data protection.
Since 2021, the data subject initiated several complaints procedures with the DPA. Following a data protection complaint by the data subject, the DPA initiated supervisory complaint proceedings against a third party.
The DPA informed the data subject that it had identified data protection violations by the respondent in this context. By email of the same day, the data subject requested further details regarding the measures taken by the DPA. After the DPA did not comply with this request, the data subject requested full information pursuant to Article 15(1) and (3) GDPR. The DPA decided that the request for information pursuant to Article 15(1) and (3) GDPR would be rejected.
The DPA justified the rejection by stating that, in accordance with the express provision in Section 20(2) Bavarian Data Protection Act (Bayerisches Datesnschutzgesetz - BayDSG), there were no rights of access or inspection with regard to the files and records of the DPA.
The data subject filed an action against this with the Administrative Court in Ansbach (Verwaltungsgericht Ansbach - VG Ansbach) ind initially requested that the DPA be obliged to provide the data subject with a copy of all data in the file of the complaint proceedings initiated on 13 May 2022.
On 23 February 2024, the DPA granted electronic access to the file of the appeal proceedings initiated by the DPA, albeit without acknowledging any legal obligation to do so. In the main proceedings, the data subject now seeks a declaration that the rejection of a request for information pursuant to Article 15 GDPR by the defendant Bavarian DPA was unlawful.
The VG Ansbach referred the following questions to the CJEU for a preliminary ruling:
1. Is Article 15 GDPR in conjunction with Article 4(7) GDPR to be interpreted as meaning that a DPA, which acts in the context of a complaint procedure initiated by a data subject at the same time a "controller" and is therefore obliged to provide information to the data subject on the basis of Article 15 GDPR?
2. In the event that the answer to question 1 is "yes": Is EU law, in particular Article 23 GDPR, be interpreted as precluding a national provision - such as Section 20(2) BayDSG - according to which there is no general right of access or inspection of files and records of the DPA?
Advocate General Opinion
TBD
Holding
TBD
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