European Union: Requested CJEU preliminary ruling by German Wiesbaden Administrative Court in OQ v Land Hesse and SCHUFA Holding

On 15 October 2021, the German Wiesbaden Administrative Court submitted a request for a preliminary ruling to the Court of Justice of the European Union (CJEU) regarding the interpretation of Article 22 GDPR on whether a data subject's right to refuse an automated decision, including profiling and if not, whether Articles 6 and 22 are interpreted as precluding national legislation on the issue. This case was filed by a German individual against German credit-rating agency SCHUFA after being refused a bank loan based on an automated rating. It was brought to the Hessian State Data Protection Authority, which ruled that the rejection was in line with national law. The individual then appealed to the Wiesbaden Administrative Court.