The operator of the Berlin S-Bahn is not obliged to provide passengers with copies of the surveillance video recordings on which they are depicted. This was decided by the Higher Administrative Court of Berlin-Brandenburg (OVG) (case no.: 12 B 14/12 of 13 May 2025), thus confirming the decision of the lower court (case no.: 1 K 561/21 of 12 October 2023).  

The passenger, who wanted a copy of the video recordings of his journey from S-Bahn Berlin, relied on the right to be provided with copies in accordance with Art. 15 Para. 3 GDPR. The operator of the S-Bahn Berlin refused and referred to its data protection concept, according to which video recordings may not be viewed by the operator itself and may only be released in response to requests for information from law enforcement authorities. As part of the balancing of interests, the OVG found that the interests of the passenger in the provision of the copy had to take a back seat, as the data protection concept of the S-Bahn Berlin ensured that the personal rights of the passengers and the requirements of the GDPR were protected in the best possible way.

„This decision is a surprising twist in the right to information under data protection law,“ says lawyer Zeynep Kenar. „Data subjects“ rights under the GDPR are otherwise interpreted rather broadly. If the handover of copies can be refused solely with reference to the data protection concept, the question arises as to whether data subjects' rights are then sufficiently safeguarded." However, there may still be repercussions - the OVG has authorised an appeal.