Abuse of the right to information: Limits of the right to information under the GDPR
August 9, 2022
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Everyone has the right to information about the data stored about their person. This right can be lost if it is misused.
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It is very important for all of us to be able to find out what personal data companies hold about us. The General Data Protection Regulation (GDPR) therefore grants extensive rights to information, which also apply to employees vis-à-vis their employer (Art. 15 Para. 1). In addition, according to the GDPR, data subjects have the right to have their data corrected or deleted from the respective company.
This is the only way they can protect their right to informational self-determination as part of their general personality rights, which the Federal Constitutional Court derived from Articles 1, Paragraph 1 and 2, Paragraph 1 of the Constitution in the two famous census judgments in the mid-1980s.
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However, not everyone is concerned about the protection of their personal data. Other interests are often pursued with the right to information. One is about enforcing any claims for damages or compensation for pain and suffering.
