Inspection of files in the event of unintentional application of GMO-contaminated seeds

In this specific case, several farmers had inadvertently cultivated genetically contaminated rapeseed. Sampling by the supervisory authority revealed contamination with an unauthorized GMO. The supervisory authority subsequently ordered the farmers to destroy the seeds. Rapeseed was to be prohibited from being cultivated on the affected properties the following year.
In this context, the Braunschweig Administrative Court (2 A 121/08) had to decide on the action of an organic farmer who wanted to obtain the disclosure of the agricultural land that had been inadvertently planted with the contaminated seed under the Environmental Information Act.
The authority initially rejected the plaintiff's request, arguing that the data involved personal data that would significantly harm the interests of the affected farmers. Opponents of genetic engineering could make their names known and could suffer disadvantages in the marketing of their products. Furthermore, it could not be ruled out that violent opponents of genetic engineering would devastate farmers' land, as had already happened elsewhere in the past.
However, the Braunschweig Administrative Court granted the claim, stating that neighboring farmers had a right to be informed of the specific parcels and parcel numbers. While this involved personal data, it was not apparent that the interests of those affected would be significantly impaired by the disclosure of the personal data. A significant impairment only exists if there is a significant probability that such interests will be impaired. The mere remote possibility of threatened violent actions or economic boycott measures is not sufficient to reject the requested environmental information. In this specific case, the decisive factor was that the vegetation had already been destroyed, and the court therefore considered threatened violent actions unlikely. With regard to the crops to be grown in the following year, there was no fear of violent action by militant opponents.

This publication can also be found on the website of the law firm Dr. Kauch .