Schleswig-Holstein: Regional Court confirms right to erasure for unlawful use of data
The Schleswig-Holstein Higher Regional Court announced, on 5 July 2021, its decision regarding the right to erasure in accordance with Article 17 of the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR'). Specifically, the Court outlined that Schufa Holding AG had copied information from an internet portal, regarding the outcome of insolvency proceedings that were initiated against the plaintiff, and went on to communicate this information to contractual partners at their request.
In particular, the Court held that the plaintiff can request that the data be deleted once it has been on the internet portal for a period of six months. Furthermore, the Court highlighted that any further processing of the data after this period by Schufa would be unlawful and therefore in violation of Article 6 of the GDPR. In addition, the Court dismissed Schufa's claim that the data processing is lawful because it serves its own interests or the legitimate interests of third parties and noted that it cannot refer to the rules of conduct of the association of credit agencies.
You can read the press release, only available in German, here.