Instagram – Court Ruling (Germany, 2022)

Court Ruling
DPA LGFlensburg23 February 2022Germany
final
Court Ruling

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 Instagram did not have to provide a minor with the IP address of a user who allegedly posted inappropriate photos of her. The court found no general right to this information under the current law. This case highlights the challenges in obtaining user data from social media platforms for legal claims.

What happened

The court decided Instagram didn't have to disclose the IP address of a user who posted inappropriate photos of a minor.

Who was affected

The affected person was a minor whose photos were posted on Instagram without her consent.

What the authority found

The court found no general right to demand IP addresses from social media platforms under the current legal framework.

Why this matters

This case underscores the difficulty of accessing user data from platforms like Instagram for pursuing legal actions. It highlights the need for clear legal pathways to obtain such information.

GDPR Articles Cited

Art. 6(4) GDPR
Art. 23(1) GDPR

National Law Articles

§ 21 Telekommunikation-Telemedien-Datenschutzgesetz (Telecommunication Telemedia Data Protection Act - TTDSG)
Decision AuthorityOLG Schleswig
Reviewed AuthorityLG Flensburg (Germany)
Full Legal Summary
Detailed

The plaintiff is a minor. A person unknown to the plaintiff opened an account on the social media platform Instagram at an unknown time with the user name "plaintiff_was_hacked". Pictures were posted on the account showing a young woman dressed only in underwear, with her face covered by a smartphone. The photos contained statements that gave the impression that the person depicted was interested in a variety of sexual contacts. After the plaintiff was recognised by other persons and approached about the content of the account, she reported the account to the platform operator and it was blocked. The plaintiff requested the Regional Court of Flensburg (LG Flensburg) to order both Instagram and the telemedia service provider to disclose information about the owner of the account, including their IP-address, based on the old German Telemedia Act. She claimed that she needed the requested information to enforce civil law claims in the form of injunctive relief and claims for damages for violations of personal rights against the owner of the user account. The LG Flensburg dismissed her application as the plaintiff had no substantive right to information against Instagram. Furthermore, it held that a general right to information against telemedia services as "non-interferers" did not exist under the current legal situation. A complaint at the same court was not successful either. The plaintiff appealed that decision at the Higher Regional Court of Schleswig-Holstein (OLG Schleswig). Before the OLG Schleswig, she requested that Instagram be allowed and obliged to provide her with the user's IP address used for uploading the posts and images retrievable, together with the exact upload time, their name, e-mail address, the IP address last used to access the account, and the user's telephone number. The appeal succeded with regard to the inventory data, but not regarding the IP addresses. The OLG Schleswig applied § 21(2) Telecommunication Telemedia Data Protection Act

Outcome

Court Ruling

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

Related Cases (0)

No other cases found for Instagram in DE

This is the only recorded case for this entity in this jurisdiction.

Details

Ruling Date

23 February 2022

Authority

DPA LGFlensburg

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
AI-verified and classified

Cite as: Cookie Fines. Instagram - Germany (2022). Retrieved from cookiefines.eu

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