• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
easy GDPR - we make compliance with GDPR easy

easyGDPR

We make implementing General Data Protection Regulation Easy

  • Home
  • Services
    • Software
      • easyGDPR Quickcheck
      • (DEP) easyGDPR lite
      • (DEP) easyGDPR Standard
      • Data Subject Requests
      • Sophos
    • IT Security
    • network checkup
    • SME digitization funding
    • Data protection consulting
      • Data protection
      • Cybersecurity
    • Training
      • Data protection
      • Cybersecurity
  • Partner
    • Resellerprogramm
    • Affiliate programm
  • GDPR
    • GDPR News
    • FAQ
    • GDPR Decisions
    • GDPR penalties
    • GDPR legal text
  • Shop
  • Contact
    • Contact
    • Newsletter registration
  • Login
    • Shop / Affiliate Program
    • easyGDPR Software
  • German
  • English

File inspection

13/11/2019 by Maria Steindl-Schindler

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.

Category iconAustria,  GDPR Decisions

Primary Sidebar

IT-Security Whitepaper Downloaden
  • German
  • English
  • Data Protection Statement
  • Terms and Conditions
  • Imprint
  • Licence terms for easyGDPR
  • GDPR terms
We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking "Accept", you consent to the use of ALL the cookies.
SettingsAccept All
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled

Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.

Non Necessary

Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.

functionality

Diese Art von Cookies erhöht die Benutzerfreundlichkeit unserer Website. Beispielsweise wird darin die von Ihnen ausgewählte Sprache gespeichert. Auch die Verfügbarkeit von Videostreams und sonstigem Inhalt kann von diesen Cookies abhängig sein. Wenn Sie diese Cookies ablehnen, ist die Benutzerfreundlichkeit eingeschränkt.

Save & Accept