The legal community and numerous Facebook users are looking forward to today’s ruling by the Federal Court of Justice in Karlsruhe. The background is a significant data protection violation at Facebook, which should lead to a fundamental clarification of the question under which circumstances a claim for damages exists. Rumor has it that the highest civil judges could set the hurdles for claims for damages relatively low, which could mean that this negotiation could be a defeat for Facebook. Thousands of judgments in the lower courts have already decided in favor of the plaintiffs. The case concerns the unauthorized collection of data through so-called “scraping”, a systematic reading of information that was carried out without authorization. The perpetrators used the friend search on Facebook and stole data from over half a billion users. The data subjects are demanding compensation for non-material damage caused by the misuse of the data. However, Facebook parent company Meta argues that there is no violation of the General Data Protection Regulation. A ruling by the Sixth Civil Senate in Karlsruhe could set new standards here, for example by considering the mere loss of control over personal data as sufficient for claims for damages. Last week it was possible to deduce from the assessment of a BGH judge that the loss of control could potentially be recognized as damage without any further negative consequences. This would represent a deviation from the previous case law of the Cologne Higher Regional Court. The BGH has selected the procedure as a key decision procedure because it has potentially far-reaching consequences for similar cases in Germany. These could be suspended until the main proceedings have been clarified, while the lower courts wait to adjust their judgments. Meta assures that a team is committed to making scraping activities more difficult and blocking possible violations. Users are also encouraged to periodically review and change privacy settings.
Eulerpool Data & Analytics
Modern Financial Markets Data
Better · Faster · Cheaper
The highest-quality data scrubbed, verified and continually updated.
- 10m securities worldwide: equities, ETFs, bonds
- 100 % realtime data: 100k+ updates/day
- Full 50-year history and 10-year estimates
- World’s leading ESG data w/ 50 billion stats
- Europe’s #1 news agency w/ 10.000+ sources
Get in touch
Save up to 68 % compared to legacy data vendors
May have a stronger basis for their claims. It essentially empowers individuals and may lead to a more robust enforcement of data protection laws across the board.
1. Introduction:
To begin the interview, I would like to introduce our guests. We have Mr. John Doe, a data privacy lawyer who has represented numerous clients in similar lawsuits against tech companies like Facebook, and Ms. Jane Smith, a regular Facebook user who was affected by the data breach discussed in the article. Thank you both for joining us today.
2. Significance of Today’s Ruling:
Firstly, Mr. Doe, could you explain the legal implications of today’s ruling by the Federal Court of Justice in Karlsruhe and why it is significant?
Mr. Doe: The ruling can potentially set a precedent for future claims of damages related to data protection violations. If the Federal Court of Justice declares that the mere loss of control over personal data can be considered as damage, it could open the doors for millions of victims to seek compensation from companies like Facebook. This case is significant as it comes at a time when there is growing concern over data privacy and misuse by tech giants.
3. Facebook’s Argument:
Ms. Smith, you have been a Facebook user for over a decade, could you share your thoughts on Facebook’s argument that there is no violation of the General Data Protection Regulation (GDPR)?
Ms. Smith: As a user, I believe that I have a right to control my data and how it is used. The fact that Facebook allowed the unauthorized collection of data from over half a billion users is a clear violation of their terms of service and the trust I placed in them. While I understand Facebook’s argument, it’s frustrating to see them prioritize profits over privacy. The ruling today could hold them accountable for such actions.
4. Potential Impact on Similar Cases:
Mr. Doe, the BGH’s assessment last week suggested that the loss of control could potentially be recognized as damage without any negative consequences. How might this affect similar cases in Germany and their outcome?
Mr. Doe: The potential impact of the ruling is far-reaching, as it could suspend similar cases until the main proceedings have been clarified while lower courts adjust their judgments. This could encourage other victims to pursue legal action, knowing that they
