Art. 39 BayDSG
General Right of Access to Information (on Art. 86 GDPR)
(1)Everyone shall have the right to information on the content of files and records of public bodies, insofar as a legitimate interest that is not directed at commercial re-use is credibly demonstrated and
(2)in the case of personal data, transmission to non-public bodies is permissible, and
(3)interests of public safety and order are not impaired.
(4)Information may be refused insofar as
(5)control and supervisory tasks or other public or private interests preclude this,
(6)the request for information relates to the course or confidential content of ongoing or completed internal consultations or to the content of incomplete records or to data not yet prepared, or
(7)a disproportionate effort would arise.
(8)Para. 1 shall not apply to requests for information that are the subject of regulation in other legal provisions.
(9)Excluded from information pursuant to para. 1 are
(10)classified information,
(11)file and record contents subject to a professional or special official secrecy obligation, and
(12)personal life secrets or trade and business secrets, unless the data subject has consented.
(13)Para. 1 shall not apply to
(14)the Landtag, the Supreme Audit Office, the State Audit Offices, the State Audit Offices of the District Administrative Authorities, the Municipal Audit Association and the supervisory authorities within the meaning of Art. 51 GDPR,
(15)the supreme state authorities in matters of state management and legislation,
(16)the courts, criminal prosecution and enforcement authorities, bailiffs, notaries and the Bavarian State Attorney's Office as organs of the administration of justice, as well as the prison authorities, disciplinary authorities and the professional chambers and public-law corporations responsible for professional supervision,
(17)the police and the State Office for the Protection of the Constitution, including the authorities responsible for their supervision,
(18)tax authorities in proceedings under the Fiscal Code,
(19)university hospitals, research institutions, universities, schools and other public bodies in the area of research and teaching, performance assessment and examinations,
(20)the State Cartel Authority and the Regulatory Chamber of the Free State of Bavaria, as well as the Chambers of Industry and Commerce and the Chambers of Crafts,
(21)the municipal umbrella organisations.
(22)File and record components of the bodies referred to in sentence 1 or bodies responsible for pardon matters shall also be excluded from information pursuant to para. 1, even where they are held in the files or records of other public bodies.
(23)Fees shall be charged for information in accordance with the Cost Act.