OLG Frankfurt am Main - 6 U 17 / 19
|OLG Frankfurt am Main - 6 U 17 / 19|
|Court:||OLG Frankfurt am Main (Germany)|
Article 6(1)(e) GDPR
Article 6(2) GDPR
Article 6(3) GDPR
§ 6(1) of the Hessian gambling law
|Parties:||Gambling hall operator, Interest grouping for gambling machines production companies|
|National Case Number/Name:||6 U 17 / 19|
|European Case Law Identifier:||ECLI:DE:OLGHE:2020:0702.6U17.19.00|
|Appeal from:||LG Frankfurt am Main|
3-8 O 42/17
|Appeal to:||Not appealed|
|Original Source:||Bürgerservice Hessenrecht (in German)|
|Initial Contributor:||Maïlys Lemaître|
The Higher Regional Court of Frankfurt held that it is not contrary to the provisions of the GDPR for gambling hall operators to verify the identity of non-banned players at their entries.
English Summary[edit | edit source]
Facts[edit | edit source]
The plaintiff, an interest grouping for gambling machines production companies, had noticed that on several occasions the defendant, a gambling hall operator, had not verified the identity of players at their entries. As a result, there was no alignement with the Hessian system OASIS listing of all banned players. Among other things, the defendant argued that it would be contrary to the GDPR to verify the identity of all players, especially if they turned out not to be banned, making the processing of data unlawful.
Dispute[edit | edit source]
Is it contrary to the provisions of the GDPR for gambling hall operators to verify the identity of non-banned players at their entries?
Holding[edit | edit source]
The Higher Regional Court of Frankfurt points out that, according to Article 6(1)(e) GDPR, a data processing is to be considered lawful if it is necessary for the performance of a task carried out in the public interest. As articles 6(2) and 6(3) GDPR allow the Member States to introduce more specific provisions to adapt the application of the rules of Article 6(1)(e) GDPR, the Hessian legislator made use of this possibility through § 6(1) of the Hessian gambling law. As such, the processing of data for protection of players and combating gambling addiction is lawful because it is carried out in public interest. Beyond that, a gambling hall operator can and even must verify all identities at their entries, not only those of the banned players, in order to fulfill the primary purpose of the data processing.
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English Machine Translation of the Decision[edit | edit source]
The decision below is a machine translation of the German original. Please refer to the German original for more details.