Der Spiegel – Court Ruling (Germany, 2019)

Court Ruling
DPA BGH6 November 2019Germany
final
Court Ruling

General GDPR enforcement action

This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.

The German Constitutional Court ruled that Der Spiegel can keep articles about a convicted murderer in its online archive. The court found that the public's right to information and freedom of the press outweigh the individual's desire for privacy. This case shows the balance between privacy and freedom of expression.

What happened

The German Constitutional Court allowed Der Spiegel to keep articles about a convicted murderer in its online archive, citing public interest and press freedom.

Who was affected

A convicted murderer who wanted articles about his crime removed from Der Spiegel's online archive.

What the authority found

The court ruled that the public interest and freedom of the press outweigh the individual's privacy rights in this case.

Why this matters

This decision emphasizes the balance between privacy rights and freedom of expression. Media outlets should consider these factors when handling requests to remove content.

GDPR Articles Cited

Art. 17 GDPR

National Law Articles

Article 1(1) Grundgesetz
Article 2(1) Grundgesetz
Article 5(1) Grundgesetz
Article 5(2) Grundgesetz
Decision AuthorityBVerfG
Reviewed AuthorityBGH (Germany)
Full Legal Summary
Detailed

In 1982, the complainant was convicted of murder. The magazine DER SPIEGEL published three articles identifying the complainant by name. Later, it uploaded the articles to the magazine’s online archive where they were freely available to everyone. When the complainant’s name is entered in any search engine, these articles are listed among the top search results. In 2009, the complainant asked the magazine to remove the articles, and following the latter’s rejection he referred to the German Supreme Court (Bundesgerichtshof - BGH). The Court rejected the action on the grounds that the public interest and the magazine’s right to freedom of expression outweigh the complainant’s interest in protection of his personality. The complainant then referred to the German Constitutional Court raising the issue of the protection of fundamental rights between private actors. The German Constitutional Court decided that the fundamental rights of the Basic Law (Grundgesetz - GG) constitute the ground in this legal dispute, which falls within the field of application of EU law. However, the dissemination of press articles is covered by the media privilege, for which EU law grants Member States leeway to regulate. Therefore, the matter at stake is not determined by EU law in its entirety. The conflicting fundamental rights must be balanced against one another and the internet communication should be taken into consideration. The Court ruled that the general right of personality “does not encompass a right to request that all information relating to one’s person that is disseminated through communication processes be deleted from the Internet. [...] The balancing must consider the guarantees of freedom of expression and freedom of the press, which are restricted by limiting media reporting to anonymised information. The Court determined three criteria to be considered for the balancing test: * The lawfulness of the initial publication; * The extent to which the time passed sinc

Outcome

Court Ruling

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

Related Cases (0)

No other cases found for Der Spiegel in DE

This is the only recorded case for this entity in this jurisdiction.

Details

Ruling Date

6 November 2019

Authority

DPA BGH

About this data

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

Cite as: Cookie Fines. Der Spiegel - Germany (2019). Retrieved from cookiefines.eu

Report Inaccuracy

Last updated: