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The Federal Republic of Germany – Court Ruling (Germany, 2025)

Court Ruling
DPA OLGCelle11 February 2025Germany
final
Court Ruling

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The Federal Court of Justice ruled that the Federal Republic of Germany unlawfully processed personal data of an employee. This case is significant as it clarifies that losing control over personal data can lead to claims for damages.

What happened

The court found that the Federal Republic of Germany unlawfully allowed State employees to access personal data without proper justification.

Who was affected

An employee whose personal data was accessed by State employees without lawful grounds.

What the authority found

The court held that the employee lost control over their data due to unlawful access, which could warrant compensation.

Why this matters

This ruling reinforces the idea that individuals can seek damages for loss of control over their personal data, even when confidentiality obligations exist.

Recorded legal citations
Automatically processed
Art. 82(1) GDPR
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Art. 82(1) GDPR

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Decision AuthorityBGH
Reviewed AuthorityOLG Celle (Germany)

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Linked-source text retrieved.

Automated check recorded — 21 March 2026.

Processing notes: national law identified, authority corrected.

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Full Legal Summary
Detailed

Until 2019, personnel files for an unnamed federal institute in Hannover were managed by the employees of the State of Lower Saxony. An employee of the Institute (the data subject) objected to this practice several times and eventually filed a complaint with the DPA. Additionally, the data subject sued the Federal Republic of Germany. In her lawsuit, the data subject claimed that the processing of personal data by the employees of the State of Lower Saxony was unlawful and cause non-material damage. The Federal Republic conceded that the processing of personal data was unlawful but contested the claim for damages. The Regional Court and the Higher Regional Court both rejected the claim for damages. In particular, the Court of Appeal rejected the claim for two reasons. First, personal data was transmitted to State employees under an obligation of confidentiality. For this reason, the data subject did not lose control of their data. Second, the Court held that even if a loss of control had occurred in the case at hand, the mere loss of control over personal data did not, in itself, constitute a form if immaterial damage. The Federal Court of Justice reversed the Higher Regional Court’s findings on the damages. Throughout the ruling, the Court consistently referred to the case law of the EU Court of JusticeThe Court referred to numerous cases. See for instance: CJEU C-456/22, Gemeinde Ummendorf, 14 December 2023 (available [https://curia.europa.eu/juris/document/document.jsf?docid=280630&doclang=en here]): C-687/21, MediaMarktSaturn, 25 January 2024 (available [https://curia.europa.eu/juris/document/document.jsf?docid=282062&doclang=en here]). First, the Court held that the data subject lost control of their data due to the unlawful access of State employees. In this regard, the Court held that the fact that the State employees were under an obligation of confidentiality, did not exclude a loss of control. However, the Court held that these confidentiality obligation

Outcome

Court Ruling

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

Related Cases (0)

No other cases found for The Federal Republic of Germany in DE

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

Details

Ruling Date

11 February 2025

Authority

DPA OLGCelle

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. The Federal Republic of Germany - Germany (2025). Retrieved from cookiefines.eu

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