DECISION
In administrative law matters
the lawyer Rasmus Kahlen,
Nikolaistrasse 18, 37073 Göttingen,
plaintiff,
Proc.-Bev.:
Attorney Adam,
Lange Geismarstraße 55, 37073 Göttingen, – 0094/16sva –
against
the Lower Saxony Ministry of the Interior and Sport - Department 5 -, represented by the President,
Büttnerstrasse 28, 30165 Hanover, - 51.11-18533-Kahlen -
Defendant,
Subject of the dispute: Determination of the illegality of the collection and storage of personal data
The Hanover Administrative Court - 10th Chamber - decided on July 13, 2016 through the rapporteur:
The proceedings are discontinued.
The defendant bears the costs of the proceedings.
The value of the subject matter of the dispute is set at EUR 5,000.00.
REASONS
After the parties involved have unanimously declared the legal dispute to be settled on the main issue, the proceedings must be discontinued in accordance with Section 92 (3) VwGO; At the same time, the court decides on the costs at its reasonable discretion in accordance with Section 161 Paragraph 2 VwGO, taking into account the current state of affairs and the dispute.
It is reasonable to impose the costs on the defendant. Although he immediately recognized the illegality of storing the personal data, the formal recognition only came later. However, the defendant opposed the lawsuit, at least with the objection that it was inadmissible. He only vacated this legal position in the course of the proceedings at the reporter's advice and thus assumed the role of the losing party. The defendant's behavior also gave rise to a lawsuit because he informed the plaintiff that his personal data had been deleted, but not the reason for the deletion. It therefore remained unclear for the plaintiff whether the defendant considered his personal data to have been collected lawfully but was no longer necessary or whether he himself assumed that the data storage was illegal.
The determination of the amount in dispute is based on Section 63 Paragraph 2 Sentence 1 GKG. The amount of the established amount in dispute follows from Section 52 Paragraph 2 GKG.
Instructions on legal remedies follow.
