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unknown data subject (complainant before the DSB) – Court Ruling (Austria, 2022)

Court Ruling
Datenschutzbehörde20 January 2022Austria
final
Court Ruling

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An Austrian court ruled that a credit reference agency must erase a debt record that had been settled over nine years ago. This decision highlights the importance of keeping personal data relevant and up-to-date. It shows that companies can't hold onto old data if it's no longer necessary for assessing a person's creditworthiness.

What happened

A court ordered a credit reference agency to erase a record of a settled debt from its database.

Who was affected

The person who had previously settled debts and requested the erasure of their data was affected.

What the authority found

The court decided that the credit reference agency had no valid reason to keep the data, violating GDPR's requirement for data relevance.

Why this matters

This ruling emphasizes that companies must regularly review the data they hold and ensure it is necessary for its intended purpose. Businesses should be proactive in managing personal data to avoid potential legal issues.

Recorded legal citations
Automatically processed
Art. 4 GDPR
Art. 5 GDPR
Art. 6 GDPR
Art. 17 GDPR
Art. 58 GDPR
View original scraped data
Art. 4(GDPR)
Art. 5(GDPR)
Art. 6(GDPR)
Art. 17(GDPR)
Art. 58(GDPR)

Original imported citations before automated processing; the processing history does not establish independent verification.

National Law Articles
AI-identified
§ 24 Austrian Data Protection Act (Datenschutzgesetz - DSG)
Decision AuthorityBVwG
Reviewed AuthorityDSB (Austria)

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Full Legal Summary
Detailed

In June 2018 the data subject sent a request under Article 17 GDPR to the credit reference agency, requesting the erasure of all processed data on previously unsettled debts. The data subject stated that all debts have been settled in 2013 in the course of fulfilling a payment plan resulting from insolvency proceedings. After the credit reference agency refused the erasure, the data subject filed a complaint with the Austrian Data Protection Authority (Datenschutzbehörde - DSB) in July 2018. The credit reference agency argued before the DSB that the data were still relevant for correctly assessing the data subject's creditworthiness under Article 5(1)(d) GDPR. Deleting the data would lead to incorrect results. In addition, the credit reference agency's interests under Article 6(1)(f) GDPR would outweigh those of the data subject. Furthermore, the credit reference agency demanded that the DSB would not deviate from Austrian case law prior to the applicability of the GDPR, according to which payment experience data could be stored for up to 7 years after the respective debt has been settled. The DSB partially upheld the complaint, ordering the credit reference agency to erase the data on a €497 debt from their database as it had been settled in February 2013. Regarding data on a €481 debt which had been settled in April 2018, the DSB rejected the complaint, as it considered this data still necessary to assess the data subject's creditworthiness and agreed with the credit reference agency that the processing can be based on Article 6(1)(f) GDPR. The credit reference agency filed an appeal against the the DSB's order to erase the data on the €497 debt. The BVwG upheld the DSB's decision. It emphasized that at the point of the decision of the BVwG, the debt had been settled for more than 9 years. Consequently, it considered the data to be to no longer relevant for assessing the data subject's creditworthiness. The BVwG also mentioned that even under case law prior to

Outcome

Court Ruling

A ruling by a national court on a data-protection matter.

Details

Ruling Date

20 January 2022

Authority

Datenschutzbehörde

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
Automatically normalized and classified

Cite as: Cookie Fines. unknown data subject (complainant before the DSB) - Austria (2022). Retrieved from cookiefines.eu

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