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Court case 4 U 808/24 – Court Ruling (Germany, 2024)

Court Ruling
DPA LGDresden10 December 2024Germany
final
Court Ruling

Privacy enforcement record

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A user of Facebook sued the platform after their information was scraped and used for spam calls. The court ruled that Facebook did not take adequate measures to prevent this misuse of user data. This case underscores the responsibility of companies to protect user information from unauthorized access.

What happened

The court ruled on a lawsuit against Facebook regarding a scraping incident that exposed user data.

Who was affected

The Facebook user whose data was scraped and who received spam calls as a result.

What the authority found

The court found that Facebook did not implement sufficient measures to prevent the exploitation of its contact tool, leading to the scraping incident.

Why this matters

This ruling stresses the importance of data protection for social media platforms. Companies must ensure they have strong safeguards to protect user data from unauthorized access.

Recorded legal citations
Automatically processed
Art. 6 GDPR
Art. 15 GDPR
Art. 82 GDPR
Art. 25(2) GDPR
View original scraped data
Art. 6(GDPR)
Art. 15(GDPR)
Art. 25(2) GDPR
Art. 82(GDPR)

Original imported citations before automated processing; the processing history does not establish independent verification.

Decision AuthorityOLG Dresden
Reviewed AuthorityLG Dresden (Germany)

Source checks

Linked-source text retrieved.

Automated check recorded — 18 March 2026.

Processing notes: articles corrected, authority corrected.

Retrieved text may be a secondary summary or an announcement. These automated statuses do not establish that the original decision was read or that the record received an independent legal review. How we check sources

Full Legal Summary
Detailed

The data subject is a user of Facebook (the controller) and was a affected by a scraping incident. An unknown third party had used the possibility of finding user accounts through the users’ phone numbers for scraping Facebook by randomly generating phone numbers and searching for users. Through this method, the data subject's ID, first and last name, and gender were included in the data set and were linked to his phone number. Notably, while the data subject had set his phone number to be visible only to himself, he had left the searchability setting at the default "Everyone," allowing others to find his profile via his phone number. Following a scraping incident the data subject received spam calls and SMS messages. The data subject claimed in a written statement that he had fallen into a state of great discomfort and concern about possible abuse. However, the spam calls and SMS messages received under the disputed cell phone number were filtered out from the outset. The data subject claimed that the controller did not take appropriate measures to avoid the exploitation of the contact tool that allowed users to be found through their phone numbers. He sued the controller for damages of €3,000 and sought a declaratory judgement to acknowledge his future right to compensation. This declaratory judgement concerning damages is standard in German law due to statutory limitations that would otherwise prevent a person from bringing claims after a period of three years (such as for long-term consequences of a car accident). Additionally the data subjects applied for injunctions requesting that the controller refrains from processing his telephone number in any way that goes beyond the processing necessary for two-factor authentication and that the court orders the data subject to enhance its security measures. Following the lead decision of the German Federal Court of Justice (Bundesgerichtshof - BGH) - VI ZR 10/24 from 18 November 2024 the court held, that the mere

Outcome

Court Ruling

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

Related Cases (0)

No other cases found for Court case 4 U 808/24 in DE

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

Details

Ruling Date

10 December 2024

Authority

DPA LGDresden

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Court case 4 U 808/24 - Germany (2024). Retrieved from cookiefines.eu

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