BERLIN, Nov 18 (Reuters) - A German court said on Monday
that Facebook users whose data was illegally obtained in 2018
and 2019 were eligible for compensation.
The Federal Court of Justice (BGH) ruled that the loss of
control over one's data online was grounds for damages without
having to prove specific financial losses.
Thousands of Facebook users in Germany are demanding
compensation from parent company Meta for insufficient
protection of their data after unknown third parties were able
to access user accounts by guessing phone numbers.
The claims, which stem from a data breach in 2021 of
information gathered through the Facebook friend search feature,
had been dismissed in principle by a lower court in Cologne and
will now have to be re-examined.
The plaintiff had demanded damages of 1,000 euros ($1,056),
but the BGH said that around 100 euros would be appropriate with
no proof of financial loss.
According to the Karlsruhe-based court, the lower court must
determine whether Facebook's terms of use were transparent and
comprehensible, and whether users' consent to the use of their
data was voluntary.
Meta previously refused to pay compensation on the grounds
that those affected had not been able to prove any concrete
damages.
A Meta spokesperson said the BGH's ruling was "inconsistent
with the recent case law of the European Court of Justice, the
highest court in Europe."
"Similar claims have already been dismissed 6,000 times by
German courts, with a large number of judges ruling that no
claims for liability or damages exist," the spokesperson said.
"Facebook's systems were not hacked in this incident and there
was no data breach."
Roughly six million people in Germany were affected by the
leak.
($1 = 0.9471 euros)