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- English Summary
- Comment
- English Machine Translation of The Decision
Facts
In that case, the Claimant brought an action against the deletion of a video from the 1970s that he shared in a social network where the word "negro" appeared several times. He also complained about having his account limited to "read only" mode for a few days (the exact duration is disputed between the parties).
Holding
With regard to Article 99(2) GDPR, the Court already expressed doubts as to whether Article 82 GDPRis applicable to the deletion/blocking that took place in March/April 2018, as this regarded a past and completed situation. However, this point could be left open as for the Court, the video deletion and temporary account blocking was lawful under Article 6(1)(a)GDPR in connection with the terms of use of the network. In any event, the Claimant did not suffer any non-material damages pursuant t...
The concept of "minor damages" seems to be specific to Germany. There is no basis for such a concept in GDPR. The German literature and judiciary still follows this national concept, which seems to violate GDPR.
The decision below is a machine translation of the original. Please refer to the German original for more details.
- OLG Dresden (Germany)
- Germany
- 11.06.2019
- Article 82 (1) GDPR
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