In its judgment of March 30, 2023 (Case C-34/21), the ECJ addressed data processing in the employment context . Specifically, the question was whether and when a national regulation is compatible with the opening clause in Article 88 (1) GDPR. Even though the ECJ’s statements refer to a provision of Hessian data protection law, they have implications for employee data protection in Germany as a whole employee data protection law.
A brief overview of employee data protection employee data protection law
First, a brief overview of the regulations on employee data protection. In principle, the GDPR applies directly in the EU and takes precedence over national regulations. However, canada business fax list for some areas, the GDPR contains opening clauses that allow member states to enact their own data protection laws and regulations for certain circumstances. One of the opening clauses is Article 88 (1) GDPR , which allows member states to enact “more specific provisions” in the area of employee data . According to Article 88 (2) GDPR, these more specific provisions must contain provisions on certain principles of the GDPR, such as safeguarding human dignity or the legitimate interests and fundamental rights of data subjects.
Background to the ECJ decision – Live streaming of lessons at Hessian schools during the Corona pandemic
The starting point is the decision of the European Court of Justice in Hesse ( we reported ). There, livestream lessons via video conference were introduced in public schools in the wake of the coronavirus pandemic. While the parents of the how to fix the website took too long to respond error children or the adul. Students had to give their consent to this data processing, this was not provided for the teachers concerned. The main staff council of the teachers then filed a lawsuit with the Wiesbaden Administrative . Complaining that the livestream lessons were taking place without the consent of the teachers concerned.
VG Wiesbaden appeals to the ECJ
The Wiesbaden Administrative Court initially . Address whether the processing of “teacher data” in the context of livestreamed. Teaching was necessary for the implementation of the employment relationship. Rather, albania business directory the court raised the fundamental question of whether was compatib. With the requirements of Article 88 (2) of the GDPR. The Wiesbaden Administrative Court had doubts about this, so it stayed the proceedings and referred two questions to the ECJ for a preliminary ruling. In summary, the the opening clause is also applicable if the requirements of Article 88 (2) of the GDPR are not met.
Consequences of the ECJ decision for practice
However, a (possible) inapplicability of Section 26 (1) Sentence 1 of the Federal Data Protection Act (BDSG) will not result in the termination or suspension of data processing in the employment context. Alternative legal bases can usually be found in this regard, which must then be examined by the responsible bodies.