Butcher shop chain – Court Ruling (Germany, 2020)

An internet platform ("Frag den Staat") requested the respondent (a public authority responsible for food quality control) to disclose the results of food regulatory audits regarding one of the complainant's butcher shops. This information would also contain personal data. After hearing the complainant, the respondent issued a decision, that it would disclose this information to the internet platform within ten days. The complainant filed a lawsuit against that decision with the Administrative Court München, requesting i.a. a temporary injunction to prevent the disclosure of the audit results. The Administrative Court München waived this lawsuit. Subsequently the complainant appealed with the VG München, requesting to prohibit the respondent from publishing the information. Does the German Consumer Information Act (Verbraucherinformationsgesetz - VIG), which grants consumers access to certain information in connection with quality checks of consumer goods comply with the opening clause in Article 86 GDPR if the disclosure involves personal data? The court held that the VIG complies with Article 86 GDPR: The provisions of this opening clause are taken into account by the Consumer Information Act with its graduated regulatory model which considers mutual interests of both the consumer requesting access and the data subject concerned. Insofar as the complainant fears that the internet platform will breach data protection laws in the event of subsequent further use of the information disclosed, such a breach would not be attributable to the respondent. In addition, the court held that Article 8(5) of the Regulation (EU) 2017/625 (Official Controls Regulation) only constitutes minimum requirements for allowing the disclosure of the results of official controls. It does not apply where there is a legal obligation to publish or disclose such information ("without prejudice to situations where disclosure is required by Union or national legislation"). Hence, the cou