§ 66 LDSG SH
Damages and compensation
(1)Where a controller has caused damage to a data subject through the processing of personal data which was unlawful under this Act or under other provisions applicable to the processing, the controller or his or her legal entity shall be liable to the data subject for damages. The obligation to pay compensation shall not apply, in the case of non-automated processing, where the damage is not attributable to a fault of the controller.
(2)For damage which is not pecuniary damage, the data subject may claim appropriate compensation in money.
(3)Where, in the case of automated processing of personal data, it is not possible to determine which of several controllers involved caused the damage, each controller or his or her respective legal entity shall be liable.
(4)Where the data subject has contributed to the occurrence of the damage, § 254 of the Civil Code shall apply mutatis mutandis.
(5)The limitation provisions applicable to tortious acts under the Civil Code shall apply mutatis mutandis. zur Einzelansicht § 66