CJEU: National employee protection schemes must comply with Article 88 AVG
ECJ EU March 30, 2023, IT 4246; ECLI:EU:C:2023:270 (Hauptpersonalrat der Lehrerinnen und Lehrer beim Hessischen Kultusministerium v. Minister des Hessischen Kultusministeriums) The case concerns the use of videoconferencing for teaching during the COVID-19 pandemic in the state of Hesse, Germany. No permission from teachers was required for livestream teaching via videoconferencing, which a teachers' union felt was unjustified. At issue was whether the rules that allowed this (hereinafter, the detailed rules) met the requirements of the General Data Protection Regulation (AVG). Article 88 of the AVG states that member states have the power, but not the obligation, to adopt such rules, but they must include appropriate and specific measures to safeguard employees' rights with respect to the processing of personal data. If national rules conflict with the AVG, they must be disapplied, as it begins