Right to information under GDPR is far-reaching!

Which data must be provided in copy form in the course of the right to information under GDPR is currently disputed. The Regional Court (LG) Munich I has now positioned itself on the question of whether telephone notes also fall within the scope of the data protection right to information.

A customer of a financial advisory company took legal action against its contractual partner. The customer demanded compensation from the financial advisory company, among other things, for faulty financial investment advice. In addition, the customer also asserted a right to information under the GDPR. Here, the customer requested copies of all his personal data stored with the financial advisory company.

However, the financial advisory company only transmitted the stored personal data to the former customer. No information was provided in the form of further copies or other documents, although it was undisputed that numerous other documents also existed (including, among others, telephone notes).

Far-reaching information under GDPR

The LG Munich I (Urt. v. 06.04.2020, Az. 3 O 909/19) decided in favour of the customer that his right to information under GDPR covers copies, in particular in the form of telephone notes, file notes, protocols, e-mails, letters and subscription documents for capital investments.

The fact that telephone notes, file notes and similar records of correspondence between the parties existed was undisputed. The proceedings were solely about whether these documents must also be disclosed as copies in the course of the right to information under GDPR.

In detail, the content and scope of the data protection right to information remain highly disputed both in legal literature and in case law. According to an extensive view, the controller must provide the data subject with all personal data stored by it or on its behalf and/or processed in the raw version available to it as a copy.

According to the restrictive counter-view, the provision merely regulates a special form of information which need only contain information, for example on processing purposes or on the categories of personal data.

According to the conviction of the LG Munich I, the right to information under GDPR includes the following information:

• personal information such as identifying features (e.g. name, address and date of birth)
• external characteristics (such as sex, eye colour, height and weight)
• internal states (e.g. opinions, motives, wishes, beliefs and value judgements)
• factual information such as asset and property relations, communication and contractual relationships and all other relations of the data subject to third parties and its environment.
• such statements which provide a subjective and/or objective assessment of an identified or identifiable person

Right to information under GDPR also includes telephone notes

Against the background that, due to the development of information technology with its comprehensive processing and linking capabilities, there are no longer any insignificant data, a correspondingly broad interpretation must be adopted with regard to the scope of the GDPR right to information.

Insofar as statements by the customer or statements about the customer are recorded in conversation notes or telephone notes, these are without further ado personal data. These must then be disclosed accordingly in the form of providing a copy of the data.

Conclusion

The judgment shows that the right to information under GDPR can be very far-reaching and in individual cases may even encompass telephone notes.