Regio­nal Court Bern-Mit­tel­land: No right to dis­clo­sure of indi­vi­du­al reci­pi­en­ts pur­su­ant to Art. 8 DSG and Art. 15 DSGVO

Update: The judgment is final.

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In a decis­i­on of March 13, 2019, which is not yet final, the Regio­nal Court Bern-Mit­tel­land con­side­red that neither from Art. 8 FDPA nor from Art. 15 GDPR a right to dis­clo­sure sin­gle recei­ver of per­so­nal data fol­lows. The lat­ter applies at least to cre­dit reports. The data sub­ject has a right in each case only to Announce­ment of the Reci­pi­ent cate­go­ries. Becau­se the cor­re­spon­ding cla­im was thus to be dis­missed, the court left open whe­ther the GDPR was geo­gra­phi­cal­ly appli­ca­ble at all (which it cle­ar­ly was not – it was a dome­stic mat­ter, but the plain­ti­ff invo­ked Art. 3 GDPR [not Art. 139 IPRG] and on Art. 15 GDPR).

The docu­ment is available here. Dis­clai­mer: The defen­dant was repre­sen­ted by Wal­der Wyss.