Court case 12 K 213/19 – Court Ruling (Germany, 2020)

Court Ruling
DPA FGNiedersachsen28 January 2020Germany
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.

A German court ruled that GDPR does not apply to personal data requests related to non-harmonized taxes like income tax. This decision clarifies that GDPR's reach is limited in certain tax matters, affecting how individuals can request data from tax authorities.

What happened

The court decided GDPR doesn't apply to personal data requests for non-harmonized taxes.

Who was affected

Individuals requesting access to their personal data processed by tax authorities for non-harmonized taxes.

What the authority found

The court ruled that GDPR does not cover personal data processing related to non-harmonized taxes, like income tax, due to lack of EU-wide harmonization.

Why this matters

This ruling clarifies GDPR's limitations in tax-related data requests, indicating that national laws may govern such areas. Businesses and individuals should understand the scope of GDPR when dealing with tax authorities.

GDPR Articles Cited

Art. 2(2)(a) GDPR
Art. 15(1) GDPR
Decision AuthorityFG Niedersachsen
Full Legal Summary
Detailed

The plaintiffs claimed the right to inspect files in accordance with Article 15 (1) GDPR. They argued that the scope of application of the GDPR is not excluded according to Article 2 (2) because the GDPR should be applicable to all types of tax in favor of those affected. The Court had to assess whether the GDPR is applicable to a access request concerning personal data processed by the tax authority. According to Article 2 (2)(a) GDPR the regulation does not apply to the processing of personal data as part of an activity that does not fall within the scope of Union law. Therefore, the court ruled that the provisions of the GDPR in the area of tax law are only applicable to harmonized taxes, such as VAT, but not in the area of income taxation of natural persons. In this respect, there is no corresponding harmonization in the area of the European Union. The court explained further that the national legislature has not extended the material scope of application of the standard of Article 2 GDPR to the area of non-harmonized taxes. Accordingly, the Court denied the requested access according to Article 15 GDPR.

Outcome

Court Ruling

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

Related Cases (0)

No other cases found for Court case 12 K 213/19 in DE

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

Details

Ruling Date

28 January 2020

Authority

DPA FGNiedersachsen

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Data: GDPRhub (noyb.eu)
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Cite as: Cookie Fines. Court case 12 K 213/19 - Germany (2020). Retrieved from cookiefines.eu

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