Request for a preliminary ruling from the Fővárosi Törvényszék (Hungary) lodged on 18 April 2023 – VP v Országos Idegenrendészeti Főigazgatóság
(Case C-247/23, Deldits 1 )
Language of the case: Hungarian
Referring court
Fővárosi Törvényszék
Parties to the main proceedings
Applicant: VP
Defendant: Országos Idegenrendészeti Főigazgatóság
Questions referred
Must Article 16 of the GDPR 1 be interpreted as meaning that, in connection with the exercise of the rights of the data subject, the authority responsible for keeping registers under national law is required to rectify the personal data relating to the sex of that data subject recorded by that authority, where those data have changed after they were entered in the register and therefore do not comply with the principle of accuracy established in Article 5(1)(d) of the GDPR?
If the answer to the first question referred is in the affirmative, must Article 16 of the GDPR be interpreted as meaning that it requires the person requesting rectification of the data relating to his or her sex to provide evidence in support of the request for rectification?
If the answer to the second question referred is in the affirmative, must Article 16 of the GDPR be interpreted as meaning that the person making the request is required to prove that he or she has undergone sex reassignment surgery?
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1 The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.
1 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) (Text with EEA relevance) (OJ 2016 L 119, p. 1).