According to the Supreme Court, the right to data protection must be observed in the assessment pursuant to Section 219 of the Code of Civil Procedure (inspection of files). If the protection of personal data of a natural person is affected, the scope of protection granted by the GDPR must be specifically considered.
Specifically, it was about a person facing criminal proceedings. In civil proceedings, where this person himself was not a party, these facts have already been the subject of discussion. The person accused in the criminal proceedings wanted documents (e.g. expert opinions) that could exonerate you, among other things. However, since the accused person was not a party to the civil proceedings, access to the file is difficult and is also subject to the restrictions of the GDPR.
Pursuant to Section 219 (2) of the Code of Civil Procedure, it is also possible to inspect third-party court records, provided that the person inspecting them has a legal interest in doing so. § Section 219(2) of the ZPO also refers to the GDPR, stating that inspection is only possible to the extent that “… it is not opposed by overriding legitimate interests of another or overriding public interests within the meaning of Article 23(1) of the GDPR.”
It is possible to inspect current files at the court and to request a copy of the file. The court will comply with this request if there is a legal interest of the person inspecting and no overriding legitimate interests.