Election Commitee of the Workers Council of SuperVista AG – Court Ruling (Germany, 2023)

A dispute arose about material required by the election committee for conducting works council elections at an online eyewear retailer employing nearly 400 people. The employer had partially complied with requests by the election committee but withheld some email and postal addresses, citing privacy concerns and the feasibility under data protection laws. The matter was taken to court to resolve whether the employer must provide complete information. The court affirmed the employer’s obligation to provide the complete list of email and postal addresses, detailed by location and job function, as required by the election committee to smoothly conduct the works council elections. The ruling referenced multiple laws, including § 24 WO and § 26 BDSG, stating the processing of personal data for election purposes is lawful without employee consent, due to its necessity for the election process. The court also clarified that data protection concerns did not outweigh these statutory obligations.