Abuse of Rights in Data Protection Right of Access Request

Facts

[A.] (Appellant 1) is a shareholder and the sole member of the Board of Directors of [B. AG] (Appellant 2). [C.] , [D.] , [E.] and [F.] (Respondents 1-4) requested from [A.] and [B. AG] , based on the Data Protection Act (DPA), information and disclosure of all data concerning them. The Regional Court dismissed the claim, as it considered the request for information to be an abuse of rights. However, the Cantonal Court of Bern upheld the appeal of the Respondents and ordered the Appellants to provide the information.

Considerations

The Federal Supreme Court overturns the decision of the Cantonal Court and dismisses the claim of the Respondents. It states that the right of access under Art. 8 DPA serves to protect personality rights and must not be abused to merely clarify litigation prospects. Since the Respondents' request for information is solely aimed at…