ECJ Clarifies Further Questions On Compensation For Damages And Health Data

On December 21, the ECJ ruled in Case C-667/21 on issues relating to health data in the employment context. The case dealt in particular with the relationship between Art. 6 and Art. 9 GDPR, as well as the burden of proof in the context of compensation for damages under Art. 82 GDPR.

Background

This was preceded by a dispute before the Federal Labor Court (Bundesarbeitsgericht) between an individual as the plaintiff and the Medical Service of the North Rhine Health Insurance (medizinischer Dienst der Krankenversicherung Nordrhein), as the employer and defendant.

The defendant prepares expert opinions on the incapacity for work of insured persons and, in particular, its own employees, as well as that of the plaintiff. The plaintiff was employed in the IT department as a system administrator and helpdesk employee.