The Anatomy of Regulatory Captivity: The SCHUFA - SCORING Case of Ms. Marina B. vs. HBDI is back in court again- after 8 years-
The actual plaintiff in these critical proceedings before the Hessian Higher Administrative Court (VGH) in Kassel is the affected private individual, the German citizen Ms. Marina B. This individual is actively challenging systematic administrative failure, severe regulatory omissions, and an outright refusal to act on the part of the Hessian Commissioner for Data Protection and Freedom of Information (HBDI) for 8 years in a row.
Since 2021 under the new leadership of Prof. Dr. Alexander Roßnagel, the HBDI Wiesbaden has executed complete 180-degree turnarounds in ongoing court proceedings on six separate occasions- regarding SCHUFA - SCORING DATA.
This represents a pathological subversion of its statutory mandate. Instead of acting as an independent guardian of fundamental constitutional rights, the HBDI Wiesbaden as the most important DPA in Germany has consistently litigated in direct opposition to the core spirit of data protection and its explicit duties under the General Data Protection Regulation (GDPR). DATA PROTECTION has been turned around by 180° change of direction since the new DPA Supervisor of the HBDI in Wiesbaden Prof. Dr. Alexander Roßnagel has been selected by the HESSIAN PARLIAMENT in Wiesbaden. The number of cases has
This pattern of behaviour raises severe, fundamental questions regarding the institutional loyalty of the supervisory authority HBDI -suggesting an alarming alignment with corporate interests of SCHUFA HOLDING AG over the rule of law by the current DPO for the HBDI in Wiesbaden Prof. Dr. Alexander Roßnagel
By abdicating its legally mandated enforcement powers, the HBDI has effectively shielded SCHUFA Holding AG—a private, profit-driven monopoly corporation that aggressively controls the sensitive personal records of over 68 million adult citizens in Germany - which constitutes a volume of 97, 8% of all adult residents in Germany 18 years +
Despite SCHUFA HOLDING AG corporation’s persistent and systemic refusal to execute the required deletion of demonstrably false and legally compromised credit records, the regulator HBDI WIESBADEN has repeatedly chosen passivity and corrupt behaviour over data protection.
The consequences of this collusion are catastrophic for the individuasl. By weaponizing an automated, opaque SCHUFA Score, SCHUFA Holding AG paralyzes the economic existence of citizens based on flawed datasets that on top of all the HBDI und the current DPO for the HBDI in Wiesbaden Prof. Dr. Alexander Roßnagel systematically refuses to police.
This black-box scoring dictates whether a person can secure housing, sign a mobile contract, or obtain a loan, effectively trapping individuals in a state of financial excommunication without recourse.
This systemic dereliction of duty has forced unprecedented external intervention. On three separate occasions, the European Court of Justice (ECJ) in Luxembourg was compelled to step in and issue damning European court rulings to correct the HBDI’s decisions. In each instance, the regulatory leadership under Prof. Dr. Alexander Roßnagel had flatly refused to issue formal reprimands, enact supervisory enforcement measures, or order the mandatory deletion of disputed creditworthiness and score data. The necessity of these repeated interventions by the European judiciary highlights a deep structural crisis within the Hessian supervisory framework—exposing a profound distortion of democracy, the justice system, and the constitutional right to data sovereignty, entirely driven by the very authority built to defend it.
The state of Hesse - thus Germany is facing a new even bigger scandal before the EUROPEAN COURT of JUSTICE having to rule again against the practices of the HBDI & SCHUFA HOLDING AG in Wiesbaden.