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Case C-768/21, Land Hessen (Obligation to act by the data protection authority): Judgment of the Court (First Chamber) of 26 September 2024 (request for a preliminary ruling from the Verwaltungsgericht Wiesbaden – Germany) – TR v Land Hessen (Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 57(1)(a) and (f) – Tasks of the supervisory authority – Article 58(2) – Corrective powers – Administrative fine – Discretion of the supervisory authority – Limits)

ECLI:EU:UNKNOWN:62021CA0768

62021CA0768

September 26, 2024
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Official Journal of the European Union

C series

C/2024/6607

11.11.2024

(Case C-768/21,

Land Hessen (Obligation to act by the data protection authority))

(Reference for a preliminary ruling - Protection of natural persons with regard to the processing of personal data - Regulation (EU) 2016/679 - Article 57(1)(a) and (f) - Tasks of the supervisory authority - Article 58(2) - Corrective powers - Administrative fine - Discretion of the supervisory authority - Limits)

(C/2024/6607)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: TR

Defendant: Land Hessen

Operative part of the judgment

Article 57(1)(a) and (f), Article 58(2) and Article 77(1) 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 meaning that when a breach of personal data has been established, the supervisory authority is not required to exercise a corrective power, in particular the power to impose an administrative fine, under that Article 58(2) where such action is not appropriate, necessary or proportionate to remedy the shortcoming found and to ensure that that regulation is fully enforced.

ELI: http://data.europa.eu/eli/C/2024/6607/oj

ISSN 1977-091X (electronic edition)

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