Telecom provider (Controller) – Court Ruling (Germany, 2024)

The data subject had a mobile contract with the controller, a telecommunications company, starting 17 April 2019. The contract included privacy notices stating that personal data, including contract initiation, execution, and completion (“positive data”), could be sent to a credit scoring agency for credit scoring, under Article 6(1)(b) and (f) GDPR. The data subject did not provide explicit consent. On 18 April 2019, the controller transmitted positive data to the credit scoring agency. On 12 October 2023, the data subject received a credit report confirming this transmission. The report showed a high credit score and contained no negative entries. The data subject claimed this transmission caused immaterial harm, including loss of control over personal data, stress, and fear of economic disadvantage. They requested compensation of €5,000, a permanent injunction against future positive data transmission without consent. The controller argued that the transmission served legitimate interests, namely fraud prevention and accurate risk assessment, and that the data had been deleted by the credit scoring agency between October and November 2023. First, the court confirmed that fraud prevention constituted a legitimate interest under Article 6(1)(f) GDPR. Alternative measures, such as staff training, only offering pre-paid contracts, or sectoral data pools, were insufficient. Second, the court carried out a proportionality assessment. The data subject’s interest in data protection and economic security did not outweigh the controller’s interest. The positive data were accurate, non-sensitive, and had been disclosed transparently in contract documents. The data subject’s score was high, and the data had been deleted already, eliminating the risk of further adverse effects. Third, the court decided the data subject did not demonstrate immaterial damage under Article 82(1) GDPR. The claimed loss of control, stress, and anxiety over future transactions were hypothetical