OLG Stuttgart - 4 U 484/20
|OLG Stuttgart - 4 U 484/20|
|Court:||OLG Stuttgart (Germany)|
|Relevant Law:||Article 16 GDPR|
|National Case Number/Name:||4 U 484/20|
|European Case Law Identifier:|
|Appeal from:||LG Ellwangen (Germany)|
A5 O 176/20
|Original Source:||OpenJur (in German)|
|Initial Contributor:||Sara Horvat|
The Higher Regional Court of Stuttgart held that a data subject could not rely on his right to rectification pursuant to Article 16 GDPR to revoke his Facebook ban as the ban was applied correctly according to Facebook's policies and did not infringe upon the freedom of expression.
English Summary[edit | edit source]
Facts[edit | edit source]
A Facebook user, the data subject, posted content that violated Facebook´s policy about mobbing and bullying. As a result, the post was erased and the user was set into a "Readonly"-Mode which banned him from actively using his Facebook profile. Information about the ban became part of the dataset about the data subject.
In previous proceedings at the Regional Court of Ellwagen, the legal dispute between the parties were the questions concerning the context in which the content was posted, whether the policy was valid, whether the ban constituted a violation of the freedom of expression, and whether the consequence of the "Readonly" mode was permissible. The Regional Court of Ellwangen dismissed the case. In its decision, the Regional Court of Ellwagen held that the policy was valid and that the data subject violated Facebook's policy with his bullying and harassment.
The information about the erasure and "Readonly" mode of the data subject is being processed by the data controller. Since the data subject was appealing the decision of the first court on the false use of law and on the grounds that there was no violation of the Facebook's policy, the data subject argued that the controller is obliged to correct the stored dataset on the data subject and erase the information of the violation of the policy pursuant to Article 16 GDPR.
Holding[edit | edit source]
In its decision, the court held that Facebook's policy was binding and that the content posted by the data subject violated the policy. The data controller had the right to erase the data subject's content and to ban the data subject from actively using its services. Therefore, the personal data that was processed was correct and no right for rectification of the data pursuant to Article 16 GDPR could be exercised.
Comment[edit | edit source]
The decision does not make clear if it legally concerns Meta Platforms Ireland Ltd. or Meta Platforms, Inc. (formerly Facebook Ireland Ltd. or Facebook, Inc.).
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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.