Inn with Hotel (name not mentioned) V. A public authorty responsible for food quality control (name not mentioned) – Court Ruling (Germany, 2020)

The applicant runs an inn with a hotel in the urban area of the respondent (a public authority responsible for food quality control). In March 2019, the initiative "TopfSecret" requested via an internet platform ("Frag den Staat") the respondent to disclose information on the last two food regulatory audits of the applicant’s business. After hearing the complainant, the respondent issued a decision, that it would disclose this information within ten days. The applicant filed an action against the decision, requesting i.a. a temporary injunction to prevent the disclosure of the audit results. The Administrative Court Regensburg ordered the temporary injunction of the action. Subsequently the respondent lodged an appeal with the VGH München, requesting to set aside the order of the Administrative Court Regensburg and reject the applicant's request for a temporary injunction. Does the respondent’s decision to grant the initiative "TopfSecret" access to information on the Applicant’s food regulatory audits comply with the German Consumer Information Act (Verbraucherinformationsgesetz - VIG)? Does this decision or the subsequent private use of the information violate the Applicant’s right to data protection under the GDPR and/or other fundamental rights? The VGH München held that as far as the disclosure of information by the respondent constitutes processing of personal data within the meaning of Article 4 (1) and (2) GDPR, this would be justified under Article 6 (1)(c) and (3). The court also found 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 third party or the internet platform will breach data protection laws in the event of subsequent use of the information disclosed, such a breach would no