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Expiry of the right to information under the GDPR

On 3 May 2024 (case reference: AN K 21.00653), the Ansbach Administrative Court clarified that a request for information under data protection law pursuant to Art. 15 GDPR can become irrevocably invalid as a result of a settlement agreement under employment law.

In the underlying case, an employee had requested access to the processing of his personal data by the employer. Despite refusing to provide information, an out-of-court settlement was reached which declared all claims to be settled. A complaint to the Bavarian State Office for Data Protection Supervision was subsequently unsuccessful, as was a subsequent appeal to the Administrative Court.

The judges ruled that the settlement constituted a comprehensive clarification, which also included the right to information - even if this had previously been asserted separately. The objective interpretation of the declaration as part of the settlement was decisive.

The ruling makes it clear that anyone who declares all claims to be settled in a labour law settlement also loses potential claims - regardless of the original context.

Source: www.datenschutz-notizen.de

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