Court case Sa 11/18 – Court Ruling (Germany, 2018)
General GDPR enforcement action
This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.
A German court ruled that employees can request access to their personal data under GDPR, even in employment disputes. The court found that the employer must provide information about the employee's performance and behavior, even if it's not in the personnel file. This decision highlights the importance of transparency in handling employee data.
What happened
An employee requested access to personal data related to their performance and behavior, which the employer initially refused to provide.
Who was affected
The employee involved in a labor dispute with their employer, seeking access to personal data processed by the company.
What the authority found
The court confirmed that employees have the right to access their personal data under GDPR, even if it's not stored in the personnel file.
Why this matters
This ruling emphasizes that companies must be transparent about the personal data they hold on employees, even during disputes. Employers should ensure they comply with data access requests to avoid legal challenges.
GDPR Articles Cited
The plaintiff was employed by an international group as head of the “Legal Mergers & Acquisitions”. A longstanding labour dispute began between the plaintiff and his employer. As a result, the plaintiff was assigned to various positions having a lower hierarchy and lower wage level. During the conflict, the plaintiff received several warnings from its employer for improperly fulfilling his work and was finally dismissed. In the context of this dispute, the plaintiff requested access to personal data under Article 15 GDPR. The right to access relates, among other things, to any correspondence about the plaintiff in parallel with the personnel file, and the inclusion of the plaintiff in internal 'negative lists'. This is of importance because a Business Practices Office (BPO) proceeding against the plaintiff was initiated in 2014 - it equals a whistle blower system. In an email from the head of HR to the plaintiff on March 8, 2017, the plaintiff was informed that a compliance check was planned for all (job) appointments in the legal area, which would also check whether a BPO Proceedings result in a violation of the rules. However, the first instance rejected the right of the plaintiff to claim information about the personal performance and the behavioural data processed by the employer, which was not stored in the personnel file. The employer refused to communicate this information because of third-parties interests, namely business secrets. The Land court confirmed that Article 15 GDPR also exists in an employment law relationship, and a Member State is authorized to issue specific national regulations on employee data within certain limits. According to the GDPR, personal data is all information that relates to an identified or identifiable natural person ('data subject'), and, in an employment relationship, the employer inevitably processes personal data of its employees. It has been judged that the plaintiff is entitled to information about personal perform
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Court case Sa 11/18 in DE
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Court case Sa 11/18 - Germany (2018). Retrieved from cookiefines.eu
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