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Tax Authority – Court Ruling (Germany, 2021)

Court Ruling
DPA FGBerlin-Brandenburg27 October 2021Germany
final
Court Ruling

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A German court ruled that a tax authority did not have to provide copies of all personal data files to a taxpayer. This matters because it clarifies what information individuals can access from tax authorities under GDPR.

What happened

A taxpayer requested copies of their personal data files from the tax authority.

Who was affected

A taxpayer seeking access to their personal tax records.

What the authority found

The court held that the taxpayer is only entitled to a summary of their data, not complete copies of all files.

Why this matters

This decision helps define the limits of access rights under GDPR, indicating that individuals may not receive full copies of their data from tax authorities. Businesses should be aware of these limitations when handling personal data requests.

Recorded legal citations
Automatically processed
Art. 2(1) GDPR
Art. 4(1) GDPR
Art. 4(7) GDPR
Art. 12(5)(b) GDPR
Art. 15(1)(a) GDPR
Art. 15(3) GDPR
View original scraped data
Art. 2(1) GDPR
Art. 4(1) GDPR
Art. 4(7) GDPR
Art. 12(5)(b) GDPR
Art. 15(1)(a) GDPR
Art. 15(3) GDPR

Original imported citations before automated processing; the processing history does not establish independent verification.

National Law Articles
AI-identified
§ 2a AO
§ 78 FGO
§ 91 AO
Decision AuthorityFG Berlin-Brandenburg

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Linked-source text retrieved.

Automated check recorded — 21 March 2026.

Processing notes: articles corrected, authority corrected.

Retrieved text may be a secondary summary or an announcement. These automated statuses do not establish that the original decision was read or that the record received an independent legal review. How we check sources

Full Legal Summary
Detailed

The controller is a tax authority. In October 2020, the data subject requested to be provided with copies of files containing his personal data pursuant to Article 15(3) GDPR. The controller refused, arguing that the right to access of Article 15 GDPR does not entail all internal processes of the controller or the right to have all exchanged correspondence, which is already known to the data subject, printed out and sent again. The Finance Court Berlin-Brandenburg (Finanzgericht Berlin-Brandenburg - FG Berlin-Brandenburg) fully rejected the data subject's claim. The court began with clarifying that - contrary to the controller's position - the GDPR is applicable to the administration of direct taxes in the area of tax administration. Furthermore, all information contained in a tax file is generally personal data. Then, the court held that the data subject rights enshrined in Article 15(3) GDPR do not entitle the data subject to be provided with copies of personal data in the form of (electronic) duplicates of entire files by the controller. According to the court, Article 15(3) GDPR only contains a right to the catalogue information pursuant to Article 15(1)(a)-(h) GDPR. The FG Berlin-Brandenburg based that decision on a narrow interpretation of the provision, arguing that Article 15(1) and 15(3) GDPR do not contain two independent rights but rather a single right. First, the court argued that it was sufficient for the data subject to receive a complete overview of the data reproduced in the draft document - i.e. including personal data contained in the legal analysis - in an intelligible form instead of a copy of the document or the original file containing that data. This had been decided by the [https://curia.europa.eu/juris/document/document.jsf?text=&docid=152065&pageIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1&cid=8085503 CJEU] in the context of the previous Data Protection Directive and had to be applied for the purpose of the interpretation of

Outcome

Court Ruling

A ruling by a national court on a data-protection matter.

Details

Ruling Date

27 October 2021

Authority

DPA FGBerlin-Brandenburg

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
Automatically normalized and classified

Cite as: Cookie Fines. Tax Authority - Germany (2021). Retrieved from cookiefines.eu

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