German BGH Clarifies ‘Personal Data’ under Article 15 of the GDPR

Jan 22, 2026 Benn-Ibler Rechtsanwälte

The German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) considered whether premium history details—such as adjustments, tariff changes, and terminations—in private health insurance count as personal data.

The case at hand involved a request for disclosure of the premium history associated with a health insurance policy. The plaintiff had maintained private health insurance since 2010 and received several written notifications regarding premium adjustments in the subsequent years. After misplacing these documents, the plaintiff sought a copy of the relevant ‘personal data’ concerning the premium history from the insurer, relying on Article 15(1) and (3) of the General Data Protection Regulation (GDPR). While the district court denied the claim, the regional court upheld the request for information. Following an appeal by the insurer, the Federal Court of Justice set aside the ruling and remanded the matter for further proceedings.

The BGH provided clarification regarding the difference between personal data and tariff information, emphasizing that while the definition of ‘personal data’ should be interpreted broadly, information affecting an individual is not necessarily classified as personal data.

The key consideration is whether information is connected to an individual in a way that makes them identifiable. Details about when and how premiums are adjusted, tariffs change, or tariff terms end are typically neutral and relate only to tariffs and prices when viewed alone. Simply noting that a policyholder is impacted by these changes does not make the data personally identifiable.

BGH I ZR 115/25 (18 December 2025)