Court case 13 O 126/22 – Court Ruling (Germany, 2023)

Court Ruling
DPA LGBonn7 June 2023Germany
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 Facebook's settings allowed phone numbers to be matched with user profiles, leading to a data breach affecting 533 million people. The court found Facebook didn't protect user data properly, but no specific damages were awarded to the user who sued. This case highlights the risks of not securing personal data and the potential for identity theft.

What happened

Facebook's privacy settings allowed phone numbers to be matched with user profiles, leading to a massive data breach.

Who was affected

Facebook users whose phone numbers were linked to their profiles without their consent.

What the authority found

The court decided Facebook failed to protect user data, violating GDPR's integrity and confidentiality rules.

Why this matters

This ruling underscores the importance of designing privacy settings that prevent unauthorized data access. Companies should ensure their systems are secure by default to avoid similar breaches.

GDPR Articles Cited

Art. 82 GDPR
Decision AuthorityLG Bonn
Full Legal Summary
Detailed

The data subject was a Facebook user. According to the privacy settings selected at the moment of the facts, their phone number could be used by a third person to find the data subject’s profile on Facebook, even if the phone number itself was not public. Accordingly, information relating to the data subject could be linked to their phone number by anyone in possession of such a number. In 2019, unknown “third parties” automatically combined telephone numbers and matched them with Facebook profiles thanks to the above-mentioned function. In this way, telephone numbers could be assigned to identified users. This resulted in a data breach concerning 533 million people in 106 different countries. The data subject lamented that since the data breach they received phishing emails and calls. In light of the loss of control over their personal data, the data subject claimed damages for €1,000 under Article 82 GDPR. According to the court, the controller contravened to its obligation to guarantee integrity and confidentiality of data pursuant to Article 5(1)(f) GDPR and violated the principle of privacy by default and by design (Article 24 GDPR). The controller was aware of the risks that web scraping entails and still did not adopt appropriate security measures pursuant to Article 32 GDPR, such as removing the matching function described above. Concerning the existence of non-material damages pursuant to Article 82 GDPR, the court found that combining telephone numbers with other personal data potentially exposes users to several risks, including identity theft and targeted criminal activities. Therefore, an “abstract damage” could be compensated in the present case. To the contrary, no concrete negative consequence was actually proved by the data subject. In particular, the alleged phishing emails and calls could not be causally linked to the data breach, as other causal explanations were possible. In light of the above and considering that the data subject suffered

Outcome

Court Ruling

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

Related Cases (0)

No other cases found for Court case 13 O 126/22 in DE

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

Details

Ruling Date

7 June 2023

Authority

DPA LGBonn

About this data

Data: GDPRhub (noyb.eu)
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Cite as: Cookie Fines. Court case 13 O 126/22 - Germany (2023). Retrieved from cookiefines.eu

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