Take-Aways (AI)
- Art. 12 (5) GDPR covers not only manifestly unfounded or excessive requests, but also other abusive requests for information in general.
- The right to information serves the purpose of inspection in order to check the processing; inspection purposes aimed exclusively at this (e.g. premium adjustments) are not covered by the protective purpose.
The Higher Regional Court (OLG) of Hamm has ruled with a Judgment of November 15, 2021 (20 U 269/21) The Federal Court of Justice handed down a further judgment which affirmed that requests for information which are not in line with the purpose of the request are an abuse of rights:
- Art. 12 par. 5 GDPR (unfounded or excessive requests) is indicated by the word “in particular” (“In the case of manifestly unfounded or excessive requests”). in particular in the case of frequent repetition – excessive requests …”), that also covers other abusive applications are.
- The Purpose of the right of access is that data subjects can easily and at reasonable intervals become aware of the processing and verify its lawfulness.
- In the present case, the purpose of the request for information was exclusively the Review of premium adjustments due to possible formal deficiencies. Such an approach is not compatible with the protective purpose of the GDPR. not included.