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Ex-employee (data subject) – Court Ruling (Germany, 2023)

Court Ruling
DPA AGDuisburg28 November 2023Germany
final
Court Ruling

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A court ruled against an ex-employee's claim for damages after their former employer delayed providing personal data. The court decided that the delay did not count as unlawful processing under GDPR. This case highlights the need for clear definitions of what constitutes data processing and the importance of timely responses to data requests.

What happened

The court dismissed a claim for damages due to a delayed response from an employer regarding personal data access.

Who was affected

An ex-employee who requested access to their personal data from their former employer.

What the authority found

The court ruled that a delayed response does not qualify as unlawful processing under GDPR, and thus no compensation was warranted.

Why this matters

This ruling clarifies that not all delays in data access requests lead to compensation claims, emphasizing the need for precise definitions in data protection laws.

Recorded legal citations
Automatically processed
Art. 15 GDPR
Art. 4(2) GDPR
Art. 12(3) GDPR
Art. 82(1) GDPR
View original scraped data
Art. 4(2) GDPR
Art. 12(3) GDPR
Art. 15(GDPR)
Art. 82(1) GDPR

Original imported citations before automated processing; the processing history does not establish independent verification.

Decision AuthorityLAG Düsseldorf
Reviewed AuthorityAG Duisburg (DE)

Source checks

Linked-source text retrieved.

Automated check recorded — 21 March 2026.

Processing notes: articles corrected, national law identified, authority corrected.

Retrieved text may be a secondary summary or an announcement. These automated statuses do not establish that the original decision was read or that the record received an independent legal review. How we check sources

Full Legal Summary
Detailed

The data subject was employed by the controller in December 2016. In October 2022, the data subject requested access to their personal data under Article 15 GDPR, which the controller complied with. The data subject then sent another request and set a deadline until 16 October 2022. The controller did not respond by that date, and after multiple reminders and new deadlines, it provided a response that was delayed and incomplete, missing data on storage duration and recipients. The controller later supplemented the information by early December 2022. The data subject claimed that the controller violated its Article 15 GDPR duties by failing to provide timely and complete information, causing immaterial harm (loss of control over data). They sought compensation under Article 82 GDPR. In the previous decision, the lower court awarded €10,000. The controller appealed the decision. First, the court held that a delayed or initially incomplete data access response does not constitute “data processing” as defined in Article 4(2) GDPR. It pointed out that a missed or belated answer is not an active processing act but “non-processing” of data, and thus cannot trigger compensation under Article 82 GDPR, which requires an actual unlawful processing breach. The court also held that an immaterial damage claim must be tied to concrete harmful processing. Generalized assertions like “loss of control” or “frustration” are insufficient and must be proven. As a result, the court amended the first-instance decision and dismissed the data subject’s claim for non-material damages. Revision (appeal) to the Federal Labour Court was permitted.

Outcome

Court Ruling

A ruling by a national court on a data-protection matter.

Details

Ruling Date

28 November 2023

Authority

DPA AGDuisburg

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Ex-employee (data subject) - Germany (2023). Retrieved from cookiefines.eu

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