Court case I ZR 115/25 – Court Ruling (Germany, 2025)

The data subject had private health and long-term care insurance with the controller since 2010. Over the years, the controller adjusted the monthly insurance premiums several times, and informed the data subject of these adjustments through policy supplements and standardised explanatory letters, which the data subject no longer possessed. In March 2023, the data subject requested that the controller provide copies of the documents relating to past premium adjustments. After the controller refused, the data subject brought an action seeking access under Article 15(1) and (3) GDPR. Specifically, the data subject requested information concerning the contribution history of the insurance contract, including the dates and amounts of old and new premiums, tariff changes, and tariff terminations for several years. The court of first instance dismissed the claim. On appeal, the appellate court partially upheld the data subject’s request, holding that the requested information constituted personal data and therefore fell within the scope of Article 15 GDPR. The controller appealed to the Federal Court of Justice. The controller argued that the requested information did not constitute personal data because premium adjustments and tariff information were determined on an abstract, tariff-based basis and were not linked to the individual data subject. It further argued that the data subject’s request constituted an abuse of rights, as it was intended to prepare a repayment claim rather than to exercise data protection rights. The Court upheld the appeal, set aside the appellate judgment, and referred the case back for a new decision. The Court confirmed that Article 15 GDPR applies irrespective of the data subject’s motivation and that a request for access cannot be refused merely because it serves purposes unrelated to data protection. It also rejected the controller’s argument that the request constituted an abuse of rights under Article 12(5) GDPR. However, the Court hel