Anonymous user reviews on the internet are commonplace and are intended to promote honest opinions - but they harbour potential for abuse. In a recent case before the Regional Court of Munich I, a company demanded the identity of the authors following massively damaging comments on a review platform.
Initially, only the respective email address was disclosed. In order to identify the persons behind the comments, the company then contacted the respective email service provider - with success.
The court clarified that email providers also count as digital services under the TDDDG and must provide information if there is a legal basis for doing so. Contrary to the service provider's argument, it is irrelevant whether the actual statements were distributed via its infrastructure. The decisive factor is traceability back to the person responsible - a legitimate interest of the person concerned for legal prosecution.
The judges also found that the content constituted an infringement of personality rights under criminal law (Sections 185-187 StGB). Although the request for information was partially restricted (no release of the date of birth), it was strengthened overall. The right to information remains in place - the applicant bears the costs.
In short, anonymous digital insults can no longer be so easily concealed behind imaginary data. The decision strengthens those affected who want to effectively defend themselves against content that damages their reputation.
Source: www.datenschutz-notizen.de