Preiskel & CoPreiskel & Co
Preiskel & Co
  • Home
  • About Us
    • Diversity, Social Responsibility, and Pro Bono
  • Services
    • Corporate
    • Commercial
    • Regulatory
    • Competition & Antitrust
    • Data Protection, Privacy, and Retention
    • Intellectual Property
    • Dispute Resolution
    • Employment
  • Sectors
    • Telecommunications
    • IT, Technology, & Internet
    • Media and Broadcasting
    • Websites, Blogging, & Social Media
    • Film & Television
    • Gambling & Online Gaming
    • Leisure & Retail
    • Energy & Minerals
    • Cryptocurrency & Blockchain
    • Creative Industries
  • People
    • Daniel Preiskel
    • Ronnie Preiskel
    • Tim Cowen
    • Jose Saras
    • Robert Dougans
    • Karthyaeni Vittala
    • Tina Cowen
    • D A T Green
    • Richard Stewart
    • Mor Swiel
    • Ilanit Appelfeld
    • Stephen Dnes
    • Daniel Oakland
    • Robert Harvey
    • Martina Raciti
    • Joanna Coombs-Huang
    • Xavier Prida
    • Stewart White
    • Alison MacFarlane
    • Hannah Leader
    • Peter Dally
    • Antony Corel
    • Sue Warwick
    • Tony Curzon-Price
    • Shardi Shameli
    • Stephen Hornsby
    • Ewelina James
    • Maria Constantin
    • Sophia Yakhno
    • Rachael Machado
  • International
  • Blog
  • News
    • Publications
  • Contact
Menu back  

German court sends biometric data questions to the ECJ

February 23, 2022By Preiskel & Co

The Wiesbaden Administrative Court in Germany has referred a case to the European Court of Justice (ECJ) on whether the obligation to include fingerprints on government ID cards is legal. The German court argues that such storage obligation is not compatible with Articles 7 and 8 of the EU Charter of Fundamental Rights on the protection of privacy.

This follows the passing of a law by the German Government (Bundestag) that the inclusion of fingerprints was to “strengthen security in passport, ID and immigration documents”, implementing the EU regulation of 2019.

In December 2019, the Digitalcourage association, a German privacy and digital rights organisation, filed a lawsuit against the German Government’s decision that the storage obligation is “disproportionate, unsuitable for fulfilling the intended purpose and not necessary”. The Wiesbaden Administrative Court agreed with these concerns.

The Wiesbaden Administrative Court added that the main purpose of the ID card is not “to be a travel document in the Schengen area like a passport,” and therefore the introduction of such security features “which may be considered appropriate for passports” should not be automatic for identity cards. The German court also complained that the principle of the economical use of personal information from the General Data Protection Regulation (GDPR) is being disregarded and that a data protection impact assessment (DPIA) was not carried out, which in itself could lead to the invalidity of the controversial standard.

The case has now been referred to the ECJ to clarify whether the disputed clause in the EU regulation is valid.

Please contact Jose Saras if you have any questions regarding the above.

The material contained in this article is only for general review of the topics covered and does not constitute any legal advice. No legal or business decision should be based on its content.

Latest Preiskel & Co blog posts
  • Advocate General Opinion on Automated Credit-Scoring & Retention of Insolvency Data
    March 28, 2023
  • White House’s Economic Report of the President sets out a roadmap to improve competition in digital markets
    March 22, 2023
  • Brussels Conference brings in industry leaders to discuss the international antitrust landscape
    March 22, 2023
  • Issues in the UK’s forthcoming Digital Markets, Competition and Consumer Bill
    March 17, 2023
  • Stormy weather for cloud computing in the EU
    March 16, 2023
  • Inmarsat Takeover Provisionally Cleared for Take-Off
    March 10, 2023
  • EDPB’s Feedback on the New EU-U.S. Data Privacy Framework
    March 6, 2023
  • UK Data Reform Bill to return to the House of Commons
    March 3, 2023
  • DCMS Publishes New Security and Privacy Principles for App Store Operators and Developers
    February 16, 2023
  • DPO’s Dismissal & Conflicts of Interest Under The EU GDPR – CJEU Ruling
    February 14, 2023
  • ICO – Change of Deadline for Reporting Breach Notifications for Communication Service Providers
    February 6, 2023
  • General EU Requirements for Cookie Banners – EDPB Task Force Report
    January 27, 2023

The Preiskel Blog

  • Advocate General Opinion on Automated Credit-Scoring & Retention of Insolvency Data 28 Mar 2023
  • White House’s Economic Report of the President sets out a roadmap to improve competition in digital markets 22 Mar 2023
  • Brussels Conference brings in industry leaders to discuss the international antitrust landscape 22 Mar 2023
  • Issues in the UK’s forthcoming Digital Markets, Competition and Consumer Bill 17 Mar 2023

Preiskel news

  • Senior Partner, Danny Preiskel, quoted by IT Pro on the costs incurred by MNOs
  • Senior Partner, Danny Preiskel, will be a panellist at GCCM Carrier Community 2023 on IOT
  • Jose Saras and Xavier Prida Awarded First Place as Data Protection Thought Leaders in the UK
  • Ronnie Preiskel chosen to judge 24 May 2023 The Tech Capital Global Awards
Preiskel tweets
  • Advocate General Opinion on Automated Credit-Scoring & Retention of Insolvency Data. Find out more here: https://t.co/bJkvPBvj6F2 hours ago
  • Issues in the UK’s forthcoming Digital Markets, Competition and Consumer Bill. Find out more: https://t.co/3BHP1xq69Y5 days ago
  • White House’s Economic Report of the President sets out a roadmap to improve competition in digital markets. Find o… https://t.co/S7J7sX3kfs6 days ago
Preiskel & Co LLP
4 King's Bench Walk,
Temple,
London
EC4Y 7DL
United Kingdom

Tel: +44 20 7332 5640
Email: info@preiskel.com

Find us on:

TwitterLinkedinMail
© Preiskel & Co LLP 2023 | Site map | Legal notices | Cookie Policy | Privacy