- Bern-Mittelland Regional Court ruled that Art. 8 FADP and Art. 15 GDPR do not justify a claim for disclosure of individual data recipients.
- Data subjects are only entitled to be informed of the categories of recipients, particularly in the case of credit information.
- Court left open whether the GDPR was geographically applicable; dispute was a domestic matter, plaintiff relied on Art. 3 and 15 GDPR.
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.