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THE HESSIAN COMMISSIONER
FOR DATA PROTECTION AND FREEDOM OF INFORMATION
19 November 2021
Final Decision
Complaint against –
Right to rectification (Article 16 GDPR)
IMI Case: 62334
IMI A61VMN: 312886
IMI A60DD: 330086
The Hessian Commissioner for Data Protection and Freedom of Information (hereinaf-
ter “HBDI”) refers to the complaint lodged by Mr. L. G. (hereinafter “Complainant”)
against (hereinafter “ ”) with the French Data Pro-
tection Authority concerning the right to rectification.
1. Case Description
The Complainant, who was born on 2001, created an account with
in 2014. In order to circumvent restrictions that would have been associated with
a minor's account, he untruthfully stated 1996 as his date of birth. As an
account name, which he was free to choose, the Complainant chose the pseudonym
" ", the name being his mother's first name.
After the Complainant had reached the age of majority, he requested the correction of
the account name and the date of birth stored by . refused both,
which is why the Complainant lodged a complaint with the French DPA.
2. Investigation outcome
With regard to the account name, there is no entitlement to rectification. A pseudonym
freely chosen by the data subject cannot be incorrect within the meaning of Article
16(1) GDPR, even if it may contain names or other data of third parties.
Regarding the rejected correction of the date of birth, was asked by the HBDI
to comment. replied that the correction had been rejected by the customer
support because the provision of a false date of birth when creating an account violates
the user contract. Depending on the age of the account holder, would provide
different functions and services. In addition, the request and storage of the date of birth
serves the fulfilment of legal obligations. Since a subsequent change of the date of
birth can have far-reaching consequences, users cannot change it themselves. This is
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Gustav-Stresemann-Ring 1 65189 Wiesbaden Telephone +49 6 11 14 08 – 0 Fax +49 06 11 14 08 – 9 00 (or – 9 01)
Email [email protected] Web www.datenschutz.hessen.de
Draft Decision – IMI Case 62334
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also pointed out to users when they create an account. Requests to change the date
of birth would be examined more closely by with regard to possible conse-
quences. After reviewing the facts, the Complainant's date of birth would now be
changed and he would be informed accordingly. This case was also taken as an op-
portunity to review the processes in the customer support and to adjust the underlying
work instructions.
3. Decision
In its Draft Decision of 07 October 2021, the HBDI has informed the supervisory au-
thorities concerned that it intends to issue a warning to pursuant to Arti-
cle 58(2)(b) GDPR, as the correction of the Complainant’s date of birth was initially
improperly refused by ’s customer support. The right to rectification exists re-
gardless of possible consequences under civil law in the contractual relationship be-
tween and the Complainant. Accordingly, the processes in customer support
must be adapted so that a correction is not generalized rejected in future, comparable
cases. The HBDI found that further measures or sanctions are not necessary, as
has already initiated the rectification of the Complainant's date of birth as well
as the adjustment of the work instructions on its own initiative. Moreover, the Com-
plainant himself was responsible for the reason for the necessary correction by delib-
erately providing false information. No objections to the Draft Decision were raised by
the supervisory authorities concerned.
The HBDI therefore issued a warning to and concludes the proceedings with
this Final Decision.
The Hessian DPA
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____________________________________________________________________________________________________
Gustav-Stresemann-Ring 1 65189 Wiesbaden Telephone +49 6 11 14 08 – 0 Fax +49 06 11 14 08 – 9 00 (or – 9 01)
Email [email protected] Web www.datenschutz.hessen.de