Because of the processing of data on the “party affinity” of thousands of Austrians by Österreichische Post AG (ÖPAG).
a data subject had sued ÖPAG for damages pursuant to Art. 83 DSGVO in the amount of € 2,500 and had the court of first instance award him an amount of
of € 800,- was awarded (Landesgericht Feldkirch, 7.8.2019, AZ: 57 Cg 30/19b).
On appeal by both parties to the dispute, the appeal judgment is now available (Innsbruck Higher Regional Court, 13.2.2020, AZ: 1 R 192/19b). The Court of Appeal followed ÖPAG’s motions and dismissed the action with costs. This judgment is final (the amount in dispute is too low for appeal).
The plaintiff had claimed intangible (not quantifiable in money) and non-material damages from feelings of anger, discomfort and loss of control. The Court of Appeal stated that such a claim for damages under Article 83 GDPR was possible, but that the plaintiff would have had to prove the occurrence of the damage and its amount. The mere fact of a violation of data protection law was not sufficient for this. The infringement must have demonstrably resulted in a “minimum degree of personal impairment” of the aggrieved party that went beyond mere “negative feelings”. However, the plaintiff had neither presented nor proved such an intervention.