An employer is not entitled to forward employees’ residential addresses to third parties
> February 2015
In a current judgment the German Federal Court of Justice ruled that, in principle, an employer is not entitled to forward personal data which were provided for the purpose of the employment to third parties (FCJ, judgment of 20th January 2013 – VI CR 137/14).
The complainant sues the defending hospital and two doctors working there for compensation. Initially, the lawsuit against one of the doctors could not be served at the hospital’s address because of the incorrect specification of the doctor’s name. However, following the correction of the name, it was served. In spite of this, the complainant requested the hospital to provide information on the doctor’s residential address. The hospital refused this.The appellate court dismissed the appeal. As a court of appeal, the regional court ruled that the hospital had to provide information. However, upon an appeal by the defendant, the Federal Court of Justice set aside the appeal judgment and dismissed the case. In principle, the patient has the right to inspect the hospital documents regarding him in as far as such concern records on objective physical findings and reports on treatment measures (medication and surgery, etc.) towards the doctor and the hospital. This also includes the name of the physician treating the patient. However, for a civil action, the complainant does not need the doctor’s residential address since the statement of claim had already been delivered at the hospital’s address. Moreover, a claim to information would be precluded by data protection legislation provisions. The employer is entitled to collect, process and use personal data regarding the employee for the purposes of the employment. But since such data is collected for the purposes of the employment, forwarding of the data to third parties is banned as improper use according to the data protection legislation requirement of using data for a specific purpose. Any forwarding of private communication data of employees would require the consent of the employee concerned or a special permission under of corresponding legal provision.
FCJ, ruling of 20/01/2015 – VI CR 137/14
