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Case C-634/21, OQ v. Land Hessen (C.J.E.U.)

Published online by Cambridge University Press:  13 November 2024

Angela Maria Noguera
Angela Maria Noguera*
Affiliation:
Angela Maria Noguera (CIPP/E) is a privacy and data protection expert with ample experience advising clients in different industries. She is currently a member of the Women Leading in Privacy Advisory Board of the International Association of Privacy Professionals - IAPP.
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Extract

On December 7, 2023, the Court of Justice of the European Union (CJEU) delivered its judgment on a preliminary ruling under Article 267 TFEU from a request of the Verwaltungsgericht Wiesbaden (Administrative Court, Wiesbaden, Germany). The CJEU examined the interpretation and application of Article 22 of the General Data Protection Regulation (GDPR) regarding automated individual decision-making, including profiling, in the context of the probability values (or scorings) that are made to evaluate and predict the future payment capacity of individuals when they request credits to financial institutions.

Type
International Legal Documents
Information
International Legal Materials , Volume 63 , Issue 5 , October 2024 , pp. 946 - 961
Copyright
Copyright © The Author(s), 2024. Published by Cambridge University Press on behalf of American Society of International Law

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References

ENDNOTES

1 Article 267 of the Treaty of the Functioning of the European Union reads:

The Court of Justice of the European Union shall have jurisdiction to give preliminary rulings concerning: (a) the interpretation of the Treaties; (b) the validity and interpretation of acts of the institutions, bodies, offices or agencies of the Union.

Where such a question is raised before any court or tribunal of a Member State, that court or tribunal may, if it considers that a decision on the question is necessary to enable it to give judgement, request the Court to give a ruling thereon.

Where any such question is raised in a case pending before a court or tribunal of a Member State against whose decisions there is no judicial remedy under law, that court or tribunal shall bring the matters before the Court.

If such a question is raised in a case pending before a court or tribunal of a Member State with regard to a person in custody, the Court of Justice of the European Union shall act with the minimum delay.

2 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, 2016 O.J. (L 119) 1 [hereinafter GDPR].

3 Case C-634/21, OQ v. Land Hessen (Dec. 7, 2023) [hereinafter Judgment] ¶ 75.

4 According to the Judgment, in the case of SCHUFA Holding AG, the scoring agency involved in the Judgment, “The establishment of scores (‘scoring’) is based on the assumption that, by assigning a person to a group of other persons with comparable characteristics who have behaved in a certain way, similar behavior can be predicted.” Judgment, ¶ 14.

5 Article 29 Data Protection Working Party, Guidelines on Automated Individual Decision-making and Profiling for the Purposes of Regulation 2016/679 (Oct. 2017), p. 8.

6 GDPR, art. 22.

7 Bundesdatenschutzgesetz of June 30, 2017.

8 Cfr. Judgment, ¶ 13.

9 Cfr. Feltz, Daniel J. et al., Major EU AI Banking Ruling will Reverberate Across Sectors, Law360 (Jan. 12, 2024), https://www.alston.com/en/insights/publications/2024/01/major-eu-ai-banking-ruling-will-reverberate.

10 Judgment, ¶ 43.

11 Id. ¶ 48.

12 Id. ¶ 62.