In a judgment, the District Court of Berlin-Mitte ruled on the question whether a lawyer must provide an original authorisation in the event of a claim for information which the latter asserts in respect of a client under Article 15 GDPR.
The background to the decision was, in the final case, the question of the costs of judicial proceedings brought by the lawyer before the expiry of the period of 12 A year of Article 12 III against the person responsible for providing information.
The District Court of Berlin-Mitte imposed on the claimant the costs of the dispute, since it was justified to require a proper power of attorney. In the event of reasonable doubts as to the identity of the claimant, it is precisely the information that must be omitted.
In other words, those who require information should therefore insist on the proof of identity of the person who requests the information and always requires a representative’s authorisation. According to that provision, however, sufficient information should be provided within one month in order not to have to bear the risk of an action.
