Which data must be made available in the course of the right to information under the GDPR is currently controversial. The Regional Court of Munich I has now taken a position on the question of whether telephone notes are also subject to data protection information.

A customer of a financial advisory firm took legal action against his contractual partner. Among other things, the customer demanded compensation from the financial advisory firm for incorrect financial investment advice. In addition, the customer also asserted a claim for information under the GDPR. In this case, the customer demanded copies of all his personal data stored by the financial advisory company.

However, the financial advisory firm only provided the former client with the stored personal data. No information was provided in the form of further copies or other documents, although it was undisputed that numerous other documents (including telephone notes) were also available.

Extensive information according to GDPR

Information according to GDPR Telephone notesThe LG Munich I (Judgment of 06.04.2020, Ref. 3 O 909/19) ruled in favor of the customer that his right to information under the GDPR includes copies, in particular in the form of telephone notes, file notes, minutes, e-mails, letters and subscription documents for capital investments.

There was no question that telephone notes, file notes and similar records of the correspondence between the parties existed. The only issue in the proceedings was whether these documents also had to be handed over as copies as part of the information request under the GDPR.

In detail, the content and scope of data protection information is still highly controversial both in the literature and in case law. According to one extensive view, the data subject must be provided with a copy of all personal data stored and/or processed by the data controller or on their behalf in the raw version available to them.

According to the restrictive opposing view, the provision merely regulates a special form of information, which only has to contain information, for example, on processing purposes or on the categories of personal data.

The Munich Regional Court I is convinced that the following information is covered by the right to information:

  • personal information such as identification features (e.g. name, address and date of birth)
  • External characteristics (such as gender, eye color, height and weight)
  • inner states (e.g. opinions, motives, desires, beliefs and value judgments)
  • factual information such as financial and property circumstances, communication and contractual relationships and all other relationships of the data subject with third parties and their environment.
  • statements that provide a subjective and/or objective assessment of an identified or identifiable person

Auskunft nach DSGVO umfasst auch Telefonnotizen

In view of the fact that the development of information technology with its comprehensive processing and linking possibilities means that there is no longer any irrelevant data, a correspondingly broad interpretation should be made with regard to the scope of the GDPR information.

Insofar as statements by the customer or statements about the customer are recorded in conversation notes or telephone notes, this is automatically personal data. This information must then be provided accordingly in the form of a copy of the data.

Conclusion

The ruling shows that the right to information under the GDPR can be very far-reaching and can even include telephone notes in individual cases.