Art. 37 BayDSG
Damages
(1)Where a public body has caused damage to a data subject through processing of their personal data that is unlawful under this Act or other data protection provisions, its legal entity shall be obliged to compensate the data subject for such damage. The obligation to compensate shall not apply insofar as, in the case of non-automated processing, the damage is not attributable to fault on the part of the controller. Where multiple bodies are authorised to store data in a file and the injured party is unable to identify the storing body, each of these bodies shall be liable.
(2)For damage that is not pecuniary damage, the data subject may claim appropriate compensation in money.
(3)Multiple persons liable for compensation shall be jointly and severally liable.
(4)Where contributory fault of the data subject contributed to the occurrence of the damage, Section 254 of the Civil Code shall apply accordingly. The limitation provisions of the Civil Code applicable to unlawful acts shall apply accordingly to the limitation period.
(5)Provisions under which persons liable for compensation are liable to a greater extent than under this provision or under which other persons are responsible for the damage shall remain unaffected.
(6)The ordinary courts shall have jurisdiction.