Court case 28 O 138/22 – Court Ruling (Germany, 2023)
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 a Facebook user could not claim damages after their phone number was used to find their profile without consent. The court said that just being annoyed or uncomfortable isn't enough for compensation under GDPR. This case shows that proving actual harm is crucial for claiming damages.
What happened
A court rejected a Facebook user's claim for damages after their phone number was used to find their profile without consent.
Who was affected
Facebook users whose phone numbers were used to match with their profiles, leading to a data breach.
What the authority found
The court ruled that the user could not claim damages because they could not prove harm beyond mere annoyance, as required under GDPR.
Why this matters
This ruling emphasizes that proving actual harm is necessary for claiming damages under GDPR. Website operators should understand that not all GDPR infringements automatically lead to compensation unless significant harm is demonstrated.
GDPR Articles Cited
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. The court rejected the data subject’s claim. The court referred to the CJEU judgement in case C-300/21, stressing that a mere infringement of the GDPR cannot give rise to damages in itself. At the same time, the court acknowledged that no minimum threshold as a requirement of the right to compensation was admissible under EU law. The court also held that mere annoyance or emotional discomfort could not be used as a basis to substantiate the existence of a damage. In the present case, the data subject was not able to prove more than such a mere annoyance. In particular, further distress originating from the alleged phishing emails and calls could not be causally linked to the data breach. Therefore, the court concluded that the case fell within the category of mere GDPR infringement that could not be compensated as such, as European law does not accept the idea of “punitive damages”.
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Court case 28 O 138/22 in DE
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Court case 28 O 138/22 - Germany (2023). Retrieved from cookiefines.eu
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