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Bremen: Bremen Commissioner finds lack of legal basis for publishing insolvency debtors' data

The Bremen data protection authority ('the Bremen Commissioner') published, on 16 August 2022, its decision in which it determined that the publications of insolvency debtors' data were in violation of data protection law due to the lack of a sufficient legal basis. In particular, the Bremen Commissioner noted that it had become aware, in connection with a complaint procedure, that the data of the insolvency debtors was publicly accessible on the websites of the law firms without any preconditions. In light of this, the Bremen Commissioner stated that it had checked the publication of this data in the creditor information systems of the insolvency law firms with the most offices in Germany, located in Bremen.

Furthermore, the Bremen Commissioner noted that the law firms concerned were for the most part cooperative and successfully lobbied the software provider. Moreover, the Bremen Commissioner stated that from now on, the data of insolvency debtors can only be queried in the publicly accessible creditor information systems of those insolvency law firms that use the software of the provider in question if their first and last name, the insolvency court, and the court file number are entered in the search.

You can download the press release, only available in German, here.