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Case C-247/23, Deldits: Judgment of the Court (First Chamber) of 13 March 2025 (request for a preliminary ruling from the Fővárosi Törvényszék – Hungary) – VP v Országos Idegenrendészeti Főigazgatóság (Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 5(1)(d) – Principle of accuracy – Article 16 – Right to rectification – Article 23 – Restrictions – Data relating to gender identity – Data incorrect from the time of inclusion in a public register – Means of proof – Administrative practice of requesting proof of gender reassignment surgery)
ECLI:EU:UNKNOWN:62023CA0247
62023CA0247
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Official Journal of the European Union
C series
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C/2025/2495
12.5.2025
(Case C-247/23,
(Reference for a preliminary ruling - Protection of natural persons with regard to the processing of personal data - Regulation (EU) 2016/679 - Article 5(1)(d) - Principle of accuracy - Article 16 - Right to rectification - Article 23 - Restrictions - Data relating to gender identity - Data incorrect from the time of inclusion in a public register - Means of proof - Administrative practice of requesting proof of gender reassignment surgery)
(C/2025/2495)
Language of the case: Hungarian
Referring court
Parties to the main proceedings
Applicant: VP
Defendant: Országos Idegenrendészeti Főigazgatóság
Operative part of the judgment
Article 16 of 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 (General Data Protection Regulation) must be interpreted as requiring a national authority responsible for keeping a public register to rectify the personal data relating to the gender identity of a natural person where those data are inaccurate, within the meaning of Article 5(1)(d) of that regulation.
Article 16 of Regulation 2016/679 must be interpreted as meaning that, for the purposes of exercising the right to rectification of the personal data relating to the gender identity of a natural person that are contained in a public register, that person may be required to provide relevant and sufficient evidence that may reasonably be required of that person in order to establish that those data are inaccurate. However, a Member State may not, under any circumstances, by way of an administrative practice, make the exercise of that right conditional upon the production of evidence of gender reassignment surgery.
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(1) OJ C 235, 3.7.2023.
The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.
ELI: http://data.europa.eu/eli/C/2025/2495/oj
ISSN 1977-091X (electronic edition)
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