Bank – Court Ruling (Germany, 2022)

Court Ruling
DPA FGMnchen3 February 2022Germany
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 a bank couldn't access certain tax investigation files under GDPR. The court decided that while the bank generally has a right to access its data, this doesn't apply to files involved in criminal tax investigations. This case highlights the limits of data access rights under GDPR, especially in ongoing investigations.

What happened

A bank was denied access to tax investigation files under GDPR by a German court.

Who was affected

The bank, which was involved in a tax investigation and sought access to related files.

What the authority found

The court decided that the bank's right to access data under GDPR didn't extend to the tax investigation files in question.

Why this matters

This ruling clarifies that GDPR's data access rights have limits, particularly when it comes to ongoing investigations. Businesses should be aware that not all data can be accessed under GDPR, especially if it might interfere with legal proceedings.

GDPR Articles Cited

Art. 15 GDPR
Art. 2(2)(d) GDPR
Art. 4(7) GDPR
Art. 12(1) GDPR
Art. 13(4) GDPR
Art. 14(5)(a) GDPR

National Law Articles

§ 2a Fiscal Code of Germany (Abgabenordnung - AO)
Decision AuthorityFG München
Full Legal Summary
Detailed

In 2019, the data subject, a bank, received a letter from the controller, the tax authority, informing it of a number of investigation results and announcing that the data subject would have to pay the taxes in the cases discovered by the investigation. Furthermore, the letter contained tax summary reports on the change of the data subject's capital gains tax filings in tax matters of various investment funds. Subsequently, the data subject applied to the controller for the right to be heard and to inspect and access the files, based on the German Fiscal Code (Abgabenordnung - AO) and Article 15 GDPR. The controller refused, arguing that the data subject already had knowledge of the files on capital gains tax and that all other documents listed were part of investigation files in criminal tax proceedings conducted by public prosecutor's office. Regarding the investigation files, the controller questioned whether Article 15 GDPR was even applicable. It stated that the data subject might be able to substantially complicate investigations if given access. The data subject argued that it did not have full knowledge of the data processed. It claimed that when balancing the parties' interests, its own would outweigh the controller's. The Financial Court of Munich (FG München) had to decide whether the data subject had a claim under Article 15 GDPR, what was the scope of the data subject's claim and whether the claim was satisfied by granting access to individual documents or providing copies. The FG München dismissed the claim. It held that, while the data subject generally would have a right to access pursuant to Article 15(1) GDPR, that did not encompass the data in question. First, the court established that the GDPR applies to the bank as a data subject since § 2a(5) AO orders the corresponding application of the GDPR to entities with or without legal capacity such as the data subject in this case. Then, the court clarified that there is no general right to inspe

Outcome

Court Ruling

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

Details

Ruling Date

3 February 2022

Authority

DPA FGMnchen

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Bank - Germany (2022). Retrieved from cookiefines.eu

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