Facts
The appellant [X.] filed an application with the Debt Enforcement Office of Oberwinterthur for an extract from the debt enforcement register regarding her own person. The register contained 6 open debt enforcement certificates from the years 2000-2001. [X.] filed a complaint with the District Court of Winterthur as the lower supervisory authority, as the debt enforcement certificates were older than 5 years and according to Art. 8a para. 4 DEBA, there is no longer a right of inspection by third parties. The lower supervisory authority dismissed the complaint. [X.] then appealed to the High Court of the Canton of Zurich, II. Civil Chamber, as the upper cantonal supervisory authority, which also dismissed the complaint.
Considerations
The Federal Supreme Court states that the appellant is considered a (former) party to an enforcement proceeding and not a third party within the meaning of Art. 8a para. 4 DEBA. Therefore, her right of inspection of the debt enforcement register concerning her own person does not expire after 5 years. The lower…