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- Title
EuGH: Anordnung der Löschung auch ohne entsprechenden Antrag.
- Authors
Pfeiffer, Jan
- Abstract
The Administrative Court of Cologne has ruled that Deutsche Telekom GmbH is temporarily obliged to grant its competitors access to its cable channels, masts, and support systems. Telekom had already granted access to its subscriber lines, but the Federal Network Agency had additionally ordered that it must also grant access to its cable channels from January 1, 2024, in order to accelerate fiber optic expansion in Germany. Telekom has filed a lawsuit against this decision, but the Administrative Court of Cologne has ruled that the lawsuit is pending in the main proceedings and that difficult questions of European law need to be clarified. The Court of Justice of the European Union (CJEU) has ruled that a supervisory authority of a Member State can order the deletion of unlawfully processed data, even if the data subject has not made a corresponding request. This applies to data collected from the data subject as well as data from other sources. The Hungarian court has asked the CJEU for an interpretation of the General Data Protection Regulation (GDPR). The CJEU has ruled that a supervisory authority of a Member State may order the deletion of unlawfully processed data ex officio, even without a request from the data subject. This strengthens the powers of data protection authorities and improves the protection of citizens. In another case, the Bavarian Administrative Court of Appeals (Bay. VGH) has ruled that the drone survey of a residential property to determine the floor area is unlawful. The use of the drone constitutes a significant infringement of the right to privacy. The CJEU has also ruled that the Transparency and Consent String (TCString) is to be considered personal data and is therefore subject to the provisions of the GDPR. The association that developed the TCString is considered the data controller.
- Subjects
COLOGNE (Germany); ADMINISTRATIVE courts; GENERAL Data Protection Regulation, 2016; EUROPEAN law; ADMINISTRATIVE remedies; STATE power; COURT of Justice of the European Union
- Publication
Computer und Recht, 2024, Vol 40, Issue 4, pr41
- ISSN
0179-1990
- Publication type
Article
- DOI
10.9785/cr-2024-400402