d. disclosure is essential in the specific case in order either to safeguard an overriding public interest or for the establishment, exercise or enforcement of legal claims before the courts;
3 The plaintiff may request that notification of third parties or the publication of the correction, destruction, blocking, and in particular the prohibition of disclosure to third parties, the marking of the data as disputed or the court judgment.
4 Actions on the enforcement of a right to information shall be decided by the courts in a simplified procedure under the Civil Procedure Code of 19 December 2008.
5 ... Repealed by Annex No 26 of the Administrative Court Act of 17 June 2005, with effect from 1 Jan. 2007 (AS 2006 2197; BBl 2001 4202).
4 If a recommendation made by the Commissioner is not complied with or is rejected, he may refer the matter to the Federal Administrative Court for a decision. He has the right to appeal against this decision.
2 In cases of general interest, he informs the general public of his findings and recommendations. He may only publish personal data subject to official secrecy with consent of the authority responsible. If it refuses its consent, the President of the division of the Federal Administrative Court responsible for data protection makes the final decision.
2 If the Commissioner establishes in a case investigation under Article 27 paragraph 2 or under Article 29 paragraph 1 that the data subjects are threatened with a disadvantage that cannot be easily remedied, he may apply to the President of the division of the Federal Administrative Court responsible for data protection for interim measures to be taken. The procedure is governed by analogy by Articles 79–84 of the Federal Act of 4 December 1947 on Federal Civil Procedure.