OLG Köln decision: Data information in accordance with Art. 15 GDPR sufficiently determined

OLG Köln decision: Data information in accordance with Art. 15 GDPR sufficiently determined

The Cologne Higher Regional Court has dealt with the requirements for the determination of a claim in the context of Art. 15 GDPR, the right to information about personal data. It decided that an application for "complete data information" was sufficiently determined. The Bonn district court had previously rejected this because the request for information was considered too vague.

The plaintiff filed a complaint with the Bonn district court to assert information and compensation claims as well as claims for medical liability law. However, the lawsuit was dismissed because the request for information was considered indefinite. The plaintiff then appealed at the OLG Cologne and was successful. The OLG condemned the defendant to provide the plaintiff a complete data information in accordance with Art. 15 GDPR, in particular with regard to the personal data of the plaintiff.

The OLG argued that a request for action was sufficiently determined if it specifically describes the claim raised and the framework of the judicial decision -making authority. In cases of the right to information in accordance with Art. 15 GDPR, it is not necessary to specify the data. The request for information could be used to assert the rights from Art. 16 ff. GDPR or to stimulate supervisory measures.

In addition, the OLG found that the request for information was not inadmissible or abusive, even if it was pursuing the purposes that did not directly serve data protection. The persecution of medical liability goals is therefore not harmful. The information could be used to take further data protection steps or take supervisory authorities.