With ever increasing relevance of online review platforms, the discussion about the platform´s red lines becomes more and more heated in Germany. The Federal Court of Justice now issued its second decision in this area within only a couple of months. This time, a medical practitioner demanded his profile to be completely deleted on a review platform focusing on health care professionals, arguing on the basis of unlawful processing of his personal data.
The case concerned a typical review platform where users may search for information about health care professionals. Aside from the review content, information such as name, address, expertise, contact data and opening hours are accessible on the platform. Users have to register with their email address before posting a review.
The Federal Court dismissed the claim. The court held that the platform´s freedom of communication outweighs the claimant´s right in informational self-determination, which forms the constitutional-right basis for privacy rights under German law. According to the court, it is legitimate for the platform provider to publish the practitioner´s profile and the review content based on Sec. 29 German Data Protection Act. This result does not come as a surprise, as the Federal Court already decided on a similar case back in 2008 that a teacher cannot request to be deleted from a review platform dedicated to teachers.
What is slightly more surprising is that the court made some remarks emphasizing that the practitioner would be “not insignificantly” burdened by the publication of reviews on the portal, as he may face adverse economic effects caused by negative reviews. However, the court saw even a greater weight in the public´s interest in information about medical services, in particular as the publication would only concern the “social sphere” of the claimant, rather than his private or intimate sphere.
In July 2014, the Federal Court also dismissed a claim for disclosure of contact details of a reviewer who repeatedly posted defamatory statements on a review platform.