VG Schwerin - 1 A 1343/19 SN

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VG Schwerin - 1 A 1343/19 SN
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Court: VG Schwerin (Germany)
Jurisdiction: Germany
Relevant Law:
[ Art 2 EUV 2016/679]
[ Art 4 EUV 2016/679]
[ Art 15 Abs 1 EUV 2016/679]
[ Art 15 Abs 3 EUV 2016/679]
[ Art 15 Abs 4 EUV 2016/679]
[ Art 58 Abs 2 EUV 2016/679]
[ Art 12 EUV 2016/679]
[ § 2 UrhG]
[ § 17 UrhG]
[ § 19a UrhG]
[ § 31 UrhG]
Decided: 12.10.2034
Published:
Parties: Expert office
Property owner
National Case Number/Name: 1 A 1343/19 SN
European Case Law Identifier: ECLI:DE:VGSCHWE:2021:0429.1A1343.19.00
Appeal from:
Appeal to: Appealed - Confirmed
Original Language(s): German
Original Source: landesrecht-mv.de (in German)
Initial Contributor: Lejla Rizvanovik

Sections 15, Paragraph 2, No. 2, 19 a UrhG do not preclude disclosure because it does not affect the right to make them publicly available, since the expert opinion should only be made known to the party invited.

English Summary

Facts

A property owner made an access request with an expert office, which refused to provide a real estate evidence preservation report, claiming that it has no personal data within.

Dispute

Art. 15 para. 3 GDPR includes the issuing of a complete copy of such an opinion to the owner affected by data protection law

Holding

The court held, that handing over a complete copy (Art. 15 Para. 3 GDPR) of a real estate evidence preservation report according to Art. 58 Para. 2 Letter c GDPR to the owner of an examined object is lawful.

Comment

According to Art. 4 Nr. 1 GDPR, it is justified to regard the expert opinion at issue here as a personal data. It is not a mere factual date, as the plaintiff thinks.

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English Machine Translation of the Decision

The decision below is a machine translation of the German original. Please refer to the German original for more details.