Violation of the right to information
In the case before the Düsseldorf Labor Court, the plaintiff demanded compensation for pain and suffering because the company had not responded to its right to information in accordance with Art. 15 GDPR in a timely and complete manner. The plaintiff was a former employee who requested information from his employer at the time about the processing of his personal data in accordance with Art. 15 GDPR. However, the information was only given months later and was incomplete.
The Düsseldorf Labor Court followed the plaintiff’s view and sentenced the employer to pay compensation for pain and suffering in the amount of € 5,000. The court referred to recital 75 of the GDPR, in which risks for the freedoms and rights of natural persons are also identified where those affected are deprived of their rights and cannot control their data. The Düsseldorf Labor Court saw this case as given: Due to the late and incomplete information, the plaintiff could not know for months which and how his personal data was being processed.