- Enforcing jurisdiction
- Germany · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
Employee versus Employer – Court Ruling (Germany, 2024)
Privacy enforcement record
This record is classified outside cookie consent. Subject classification does not confirm an applicable law. It is not included in cookie statistics or the Risk Calculator.
A German court awarded €1,500 to an employee whose employer illegally monitored him during a medical leave. The court found that the employer's surveillance violated privacy rights. This case highlights the importance of respecting employee privacy, especially regarding health data.
What happened
The court awarded €1,500 to an employee for unlawful monitoring by his employer during a medical leave.
Who was affected
The employee who was monitored and his employer.
What the authority found
The Federal Labour Court upheld the award of €1,500 for the unlawful processing of the employee's health data.
Why this matters
This ruling emphasizes that employers must respect employee privacy and follow data protection laws, especially regarding sensitive health information. It serves as a reminder for businesses to establish clear policies on employee monitoring.
View original scraped data
Original imported citations before automated processing; the processing history does not establish independent verification.
Source checks
Linked-source text retrieved.
Automated check recorded — 21 March 2026.
Processing notes: articles corrected, national law identified, 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
The data subject was an employee at a company. Him and the employer (controller) had a difficult relationship, after the latter had unsuccessfully tried to let him go for not adequately fulfilling his duties. Then he decided to relocate him in another region, despite the data subject's opposition. On 4 February 22, the data subject submitted a medical certificate for incapacity to work for the period between 4 February and 4 March 2022, due to an injury suffered outside of working hours on that day. The controller suspected a feigned illness and engaged a detective agency to monitor the employee during that period. The investigators observed him in public areas and near his home, recording his physical activities such as shopping, carrying heavy objects, and working on his terrace. When the data subject became aware of it, he filed a case before the court of first instance (Regional Labor Court of Düsseldorf - AG Düsseldorf) seeking compensation for immaterial damages at least €25,000, under Article 82(1) GDPR, for the unlawful processing of his personal data and especially health data. The Labour Court dismissed the claim, holding that the controller had legitimate interest in the surveillance and it was necessary for the exercise of his rights under Article 9(2)(b) GDPR in conjunction with § 26(3) of the German Federal Data Protection Act (BDSG). On the data subject's appeal, the court (Higher Labour Court of Düsseldorf -LAG) overturned the ruling and ordered the controller to pay compensation in the amount of €1,500. Both parties appealed to the Federal Labour Court (BAG). The data subject sought a higher sum while the employer sought dismissal of all damages. The Federal Labour Court dismissed both appeals, upholding the award of €1,500 in damages under Article 82(1) GDPR. First, it found that observing and documenting the data subject’s physical condition, such as his gait and mobility, constituted processing of health data under Article 9(1) GDPR. Se
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Employee versus Employer in DE
This is the only recorded case for this entity in this jurisdiction.
Details
Ruling Date
25 July 2024
Authority
DPA LGDsseldorf
About this data
Cite as: Cookie Fines. Employee versus Employer - Germany (2024). Retrieved from cookiefines.eu
Last updated: