Facts
The [A. AG] was fined for water pollution. The [B. AG] , a media company, requested access to the entire criminal case files. The Indictment Chamber of the Canton of St. Gallen granted the request and ordered the disclosure of the files. The [A. AG] appealed to the Federal Court and requested the reversal of the decision.
The appellant argued that the lower court had violated its right to informational self-determination by ordering the disclosure of the files to the respondent. It argued that the files contained personal data that could not be disclosed without its consent.
The respondent argued that as a media company, it had a legitimate interest in accessing the files in order to base its reporting on suitable information and to obtain the necessary journalistic information.
Considerations
The Federal Court examined whether the lower court had violated the appellant's right to informational self-determination. It found that the lower court had not correctly balanced the right to informational self-determination and the right to media freedom.
The Court found that the lower court had rightly recognized the…