Tax Authority – Court Ruling (Germany, 2022)

Court Ruling
DPA FGBerlin-Brandenburg26 January 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 rejected a man's request for access to all his data held by the tax authority, stating the request was too broad. The court emphasized that data access requests must be specific, especially when dealing with large amounts of data. This ruling clarifies how individuals should frame their data requests under GDPR.

What happened

The court rejected a broad data access request from an individual to the tax authority.

Who was affected

The individual who requested access to all data held about him by the tax authority since 1972.

What the authority found

The court ruled that the individual's request was too broad and must be sufficiently specific to be valid under GDPR.

Why this matters

This decision highlights the need for individuals to make specific data access requests, especially when dealing with entities that hold large data sets. It provides guidance on how GDPR's right of access should be interpreted in practice.

GDPR Articles Cited

Art. 12 GDPR
Art. 17 GDPR
Art. 14(5)(b) GDPR
Art. 15(3) GDPR
Decision AuthorityFG Berlin-Brandenburg
Full Legal Summary
Detailed

In 2020, the data subject requested access to data concerning him from the tax authority (the controller) after a tax audit had been carried out on his wife. The controller replied that the data processed in this context did not concern the data subject. In February 2021, the controller reported a data breach to the competent supervisory authority. In the course of the tax audit, the case handler had sent the data subject's mobile phone number to his wife's work email address via unencrypted email without his consent. Subsequently, the data subject filed a complaint with the German Federal Data Protection Authority (BfDI). In March 2021, the data subject filed an action for information. In particular, he desired information on all data about him stored by the controller since 1972, a copy of the data and the deletion of all data. The Finance Court Berlin-Brandenburg fully rejected the data subject's claim. First, regarding the data subject's right to access pursuant to Article 15(1) GDPR, the court held that the data subject was not entitled to the requested unlimited and unspecified data disclosure. It stated that this right against controllers who process large amounts of data only exists if the request is sufficiently specified. The court rejected the data subject's view which mainly referred to the wording of the provision. Instead, it made a systematic argument. The court used Recital 63(7) GDPR and a comparison with Article 14(5)(b) GDPR according to which the fulfilment of information obligations vis-à-vis a person affected by a data collection from third parties can be omitted if the provision of this information proves to be impossible or would require a disproportionate effort. Here, the court emphasised that some scholars even apply Article 14(5)(b) GDPR analogously to Article 15(1) GDPR even though it did not create an analogy itself. In particular, the court argued that, if Article 15(1) GDPR had to be interpreted widely, the exercise of comprehensi

Outcome

Court Ruling

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

Related Cases (0)

No other cases found for Tax Authority in DE

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

Details

Ruling Date

26 January 2022

Authority

DPA FGBerlin-Brandenburg

About this data

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

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