Article 16 - Right to rectification

1 pending referral

Referral C-312/24 (Darashev, 29 Apr 2024)

1 preliminary ruling

Judgment of 13 Mar 2025, C-247/23 (Országos Idegenrendészeti Főigazgatóság)

Article 16 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) must be interpreted as requiring a national authority responsible for keeping a public register to rectify the personal data relating to the gender identity of a natural person where those data are inaccurate, within the meaning of Article 5(1)(d) of that regulation.  

Article 16 of Regulation 2016/679 must be interpreted as meaning that, for the purposes of exercising the right to rectification of the personal data relating to the gender identity of a natural person that are contained in a public register, that person may be required to provide relevant and sufficient evidence that may reasonably be required of that person in order to establish that those data are inaccurate. However, a Member State may not, under any circumstances, by way of an administrative practice, make the exercise of that right conditional upon the production of evidence of gender reassignment surgery.  

---

Disclaimer