In 2021, unknown persons published the data of around 500 million Facebook users on the dark web, including names, telephone numbers and gender. They had previously collected the data using Facebook's search functions at the time, so-called scraping.
Court: OLG Hamm 7th Civil Senate / Decision date: August 15, 2023 / File number: 7 U 19/23 /
Violation of the law? Yes ! Compensation? No !
“The person responsible for data processing violates his obligations under Article 32 and Article 25 Para. 1 GDPR if - as here - he already has concrete knowledge of data access by unauthorized third parties and still - in individual cases - obvious ex-ante considerations Measures are not taken to prevent further unauthorized access to data.”
“However, a claim for damages due to such data processing that does not comply with the GDPR is excluded if - as here - the person concerned has not suffered any specific (actual) damage (immaterial) that goes beyond the loss of control that would already occur as a result of the unlawful data processing.”
“The burden of proof for the occurrence of the specific immaterial damage lies with the person affected and, in the case of alleged personal/psychological impairments, can only be met by presenting concrete, individual evidence - and not, as is the case here in a large number of cases, similar evidence - that can be proven.”
“The burden of proof that the specific non-material damage has occurred lies with the person affected. The proof is to be provided in accordance with the standard of Section 286 ZPO .... if necessary solely through a party hearing in accordance with Section 141 ZPO.”
If you - dear consumer - are socialized in such a way that you entrust your personal data to a third party, then they can violate the rules of data protection and are not obliged to compensate you for any damage.
Think about it ! - Go Nostr!
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