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Bavaria: BayLfD issues statement on CJEU ruling's impact on Bavarian personnel file law
On July 11, 2023, the Bavarian data protection authority (BayLfD) published a statement addressing the question of whether the Court of Justice of the European Union's (CJEU) preliminary ruling in case C-34/21 Principal Staff Committee for Teachers at the Hessian Ministry of Education v Hessian Ministry of Education, issued on March 30, 2023, has an impact on Bavarian personnel file law. The statement concludes that the ruling has no direct effect on the latter.
The BayLfD recalled that the CJEU held that the application of national provisions ensuring the protection of the rights and freedoms of employees, with regard to the processing of their personal data, must be set aside when the same does not comply with the conditions and limits laid down in Articles 88(1) and 88(2) of the General Data Protection Regulation (GDPR) unless said national provisions constitute a legal basis under Article 6(3) of the GDPR.
You can read the statement, only available in German, here.
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