- Enforcing jurisdiction
- Germany · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
Court case 3 S 13/23 – Court Ruling (Germany, 2023)
Privacy enforcement record
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A court in Germany ruled that a customer has the right to know the identity of an employee who contacted her using her private Facebook account. The court decided that since the employee acted outside of her job duties, she is considered a recipient of the customer's personal data. This ruling clarifies that users can seek information about who accesses their data, even if it's through informal channels.
What happened
A court ruled that a customer can obtain the name of an employee who contacted her privately after a purchase.
Who was affected
The customer who received unsolicited contact from the employee was affected.
What the authority found
The court determined that the employee acted outside her official role, making her a recipient of the customer's personal data under GDPR.
Why this matters
This ruling reinforces users' rights to know who accesses their personal data, even in informal situations. Companies should ensure their employees understand data privacy rules.
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Processing notes: articles corrected, authority corrected.
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A data subject bought a TV and a wall mount from an electronics shop (the controller) and, upon returning the wall mount, she received the price of the TV back, which was more expensive. After acknowledging the mistake, one employee tried to contact her autonomously using her private Facebook account via Facebook Messenger, which is not a common practice of the controller. After unsuccessfully asking the controller to provide her with information regarding the employees who contacted her, the data subject filed a first-instance application with the Local Court of Bühl (Amtsgericht Bühl - AG Bühl). Among others, the data subject sought an injunction to obtain information on which employees (name and surname) of the controller had been given access to her personal data and to prohibit those employees to further use her personal data. The AG Bühl held that employees cannot be seen as ‘recepients’ according to Article 15 GDPR, and thus the data subject does not have a right to obtain from the controller information about their identity. The AG Bühl thus dismissed the action and the data subject appealed the decision to the LG Baden-Baden. The LG Baden-Baden, making reference to the CJEU Judgment in CJEU - C-579/21 - Pankki S, acknowledged that employees of a data controller cannot, in principle, be regarded as recipients under Article 4(9) GDPR. However, this only applies when employees process data under the supervision and following instructions of the employer. In the case at hand, the employee acted in her private capacity, thus outside the supervision of the employer and contravening its instructions. For this reason, the LG Baden-Baden held that the employee who privately contacted the data subject should be seen as a ‘recepient’ under Article 4(9) GDPR. Therefore, the data subject has a right to obtain from the controller information about the recipient (i.e. the employee’s name and surname) according to Article 15(1)(c), in particular, insofar as this informa
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Court case 3 S 13/23 in DE
This is the only recorded case for this entity in this jurisdiction.
Details
Ruling Date
24 August 2023
Authority
DPA AGBhl
About this data
Cite as: Cookie Fines. Court case 3 S 13/23 - Germany (2023). Retrieved from cookiefines.eu
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