Google Analytics: Injunctive relief, information requests and damages

Abstract

Irrespective of the GDPR, claims for injunctive relief against the disclosure of personal data can also be based on German tort law according to a decision of the Regional Court of Dresden.2 The unauthorised disclosure of the plaintiff’s personal data by the defendant constitutes a violation of the plaintiff’s general individual right to privacy, in particular the right to “informational self-determination“. Unless the plaintiff has actively consented, no valid consent exists. Visiting a website cannot in itself be regarded as the (implied) granting of consent. The fact that the plaintiff visits a website that uses Google Analytics without “anonymizeIp” cannot be construed as improper conduct on the part of the plaintiff which, according to Section 242 BGB (German Civil Code), would preclude him from exercising his rights. This conduct is legitimised by the general freedom of information.3 High requirements must be placed on the presumption of improper conduct of proceedings. There is no improper interest on the part of the plaintiff with regard to obtaining a fee, as the plaintiff initially contacted the defendant privately by email without claiming any costs.