In its ruling of March 5, 2024 (VI ZR 330/21), the Federal Court
of Justice ("BGH") further clarified the
scope of the right of access in yet another decision. In
particular, it has provided more clarity as to what is meant by the
right to a copy of personal data. According to the decision of the
Federal Court of Justice, letters from the data subject to the
controller are to be classified as personal data in their entirety
and must therefore be transmitted in full as part of a request for
information. However, letters from the controller to the data
subject (as well as telephone notes, file notes, minutes, e-mails,
letters and subscription documents for investments, etc.) are not
necessarily personal data in their entirety. There is an obligation
to provide such documents within the scope of information to the
extent that these letters contain information about the data
subject and it is necessary for the contextualization of the
processing and the effective exercise
