This browser is not actively supported anymore. For the best passle experience, we strongly recommend you upgrade your browser.
Welcome to Reed Smith's viewpoints — timely commentary from our lawyers on topics relevant to your business and wider industry. Browse to see the latest news and subscribe to receive updates on topics that matter to you, directly to your mailbox.
| less than a minute read

Limits of access right by employees to emails under GDPR

#GDPR access rights: The request to obtain copies of emails (Art. 15 GDPR) must be specific. The German Federal Labour Court has ruled that the request by an employee to obtain "a copy of all emails that mention the employee's name" is not sufficiently precise. The court has dismissed the claim. 

My Comment:  This is another judgment that adds more contrast to the very broad right to access under Art. 15 GDPR. This time it is an employment court. Data protection authorities had so far promoted a somewhat broader interpretation. In an employment context, this interpretation by the labor court seems very reasonable - bearing in mind the amount of emails that are produced by an employee during employment.  

Bei einer Verurteilung der Beklagten, eine Kopie des E-Mail-Verkehrs des Klägers zur Verfügung zu stellen sowie von E-Mails, die ihn namentlich erwähnen, bliebe unklar, Kopien welcher E-Mails die Beklagte zu überlassen hätte


gdpr, access right, employment, emerging technologies