Court case VI ZR 223/21 – Court Ruling (Germany, 2024)

Court Ruling
DPA BGH16 April 2024Germany
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.

In April 2019, following Article 15 GDPR, the data subject requested access to his personal data from an insurance company related to a terminated pension insurance contract that was initiated in 2004 and settled by 2017. The information included transcripts of statements and copies of data from the contract in order to be able to examine a possible right of withdrawal. The controller provided the personal data it had stored (name, address, date of birth, email address, bank details, nationality, marital status, health data) and financial details like the total contributions paid, but the data subject considered it was insufficient, particularly regarding specific data and documentation related to the insurance dealings. The data subject requested the following data: # the statements made by the controller to the data subject (letters of termination, statements and enquiries regarding the contract, statements regarding the state of health); # the statements made by the controller to the data subject or to third parties (insurance certificate with supplements, cover letters, termination letters, payment reminders, settlement letters, notifications about the status of the contract); # accounting data for each incoming and outgoing payment stored in relation to the data subject's insurance contract; and # the fund profits achieved, the amount of the administration, distribution and acquisition costs deducted from the data subject's insurance premium, the capital at risk, the probability of loss occurrence and/or the actual value of the risk protection. In 2020, the Regional Court of Stuttgart (Landgericht Stuttgart - LG Stuttgart) dismissed the claim because there was no entitlement to further information than that already provided. In 2021, upon appeal by the data subject, the Higher Regional Court of Stuttgart (Oberlandesgerichts Stuttgart - OLG Stuttgart) partially amended the Regional Court’s judgment and ordered the controller to provide the data subject with in

GDPR Articles Cited

Art. 15(1) GDPR
Art. 15(3) GDPR
Decision AuthorityBGH
Full Legal Summary

In April 2019, following Article 15 GDPR, the data subject requested access to his personal data from an insurance company related to a terminated pension insurance contract that was initiated in 2004 and settled by 2017. The information included transcripts of statements and copies of data from the contract in order to be able to examine a possible right of withdrawal. The controller provided the personal data it had stored (name, address, date of birth, email address, bank details, nationality, marital status, health data) and financial details like the total contributions paid, but the data subject considered it was insufficient, particularly regarding specific data and documentation related to the insurance dealings. The data subject requested the following data: # the statements made by the controller to the data subject (letters of termination, statements and enquiries regarding the contract, statements regarding the state of health); # the statements made by the controller to the data subject or to third parties (insurance certificate with supplements, cover letters, termination letters, payment reminders, settlement letters, notifications about the status of the contract); # accounting data for each incoming and outgoing payment stored in relation to the data subject's insurance contract; and # the fund profits achieved, the amount of the administration, distribution and acquisition costs deducted from the data subject's insurance premium, the capital at risk, the probability of loss occurrence and/or the actual value of the risk protection. In 2020, the Regional Court of Stuttgart (Landgericht Stuttgart - LG Stuttgart) dismissed the claim because there was no entitlement to further information than that already provided. In 2021, upon appeal by the data subject, the Higher Regional Court of Stuttgart (Oberlandesgerichts Stuttgart - OLG Stuttgart) partially amended the Regional Court’s judgment and ordered the controller to provide the data subject with in

Outcome

Court Ruling

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

Related Cases (0)

No other cases found for Court case VI ZR 223/21 in DE

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

Details

Ruling Date

16 April 2024

Authority

DPA BGH

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Cite as: Cookie Fines. Court case VI ZR 223/21 - Germany (2024). Retrieved from cookiefines.eu

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