Good news for companies that are plagued by requests for information that only ostensibly concern data protection. The decision of the Brandenburg Higher Regional Court of April 14, 2023 ( 11 U 233/22 ) is beginning to consolidate case law abusive requests for information.
Briefly on the fact
In the appeal before the Brandenburg Higher Regional Court, the plaintiff continued to request information from his private health insurance company, among other things, about when premium adjustments in the form of premium increases were made between 2011 and 2020. He argued that the increases were invalid. The plaintiff also wanted to know the specific amount of the adjustment, austria business fax list including the rates, and demanded the release of the letters sent to him, including the accompanying documents, including addenda to the insurance policy.
The defendant refused to comply with this request for information.
In particular, no right to information under Art. 15 (1) GDPR
In addition to several possible legal bases (Section 3 of the German Insurance Contract Act (VVG), Section 810 of the German Civil Code (BGB), Sections 666, 675 (1) of the German Civil Code (BGB), Section 242 of the German Civil Code) that could justify a right to information, the Brandenburg Higher Regional Court (OLG) is of the opinion that while there is a partial right to information under Section 3 of the German Insurance Contract Act (VVG), how to buy a com.tr domain name? what documents are required? there is no right to information under Article 15 (1) of the General Data Protection Regulation (GDPR). With this view, the Brandenburg Higher Regional Court concurs with, among others, the decisions of the Higher Regional Courts of Nuremberg , Hamm , and Karlsruhe .
Requests for information not covered by the protective purpose
In the court’s view, the plaintiff was clearly not interested in becoming aware of the defendant’s processing or its legality. However, united states business directory the court makes it clear that a right to information under Art. 15 GDPR is not precluded simply because the plaintiff already has the explanatory letters. The data subject remains free to review the legality of data processing.
Section 203 (5) of the Insurance Contract Act (VVG) . Such a request for information is not covered by the protective purpose of the GDPR.