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ARTICLE · 20 MAY 2020

No Right Of Access To Data From Backups?

The Heidelberg Regional Court rejected an employee's claim for access to information about the employer's processing of his personal data insofar as this data is merely located in backup files of...

European UnionPrivacy

The Heidelberg Regional Court rejected an employee's claim for access to information about the employer's processing of his personal data insofar as this data is merely located in backup files of his email account. Restoring such data was said to represent disproportionate effort for the controller in this individual case (judgment of February 6, 2020 – 4 O 6/19).

Most recently, the Baden-Württemberg Regional Labor Court and the Cologne Higher Regional Court continued to interpret the right of access under Art. 15 GDPR very broadly.

In the matter underlying the ruling of the Heidelberg Regional Court, the plaintiff, as a former member of the controller's managing board, requested access to data from the controller under Art. 15 GDPR as well as the handover of a copy of all available personal data that had been processed (principal claim), and, in the alternative, information about personal email data that had been processed for a specified period of approximately

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