DSB – Court Ruling (Austria, 2022)

Court Ruling
DPA BVwG21 April 2022Austria
final
Court Ruling

General GDPR enforcement action

This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.

An Austrian court ruled against a former employee who sought legal aid after his complaint about his former employer was dismissed. The court found that his complaint was excessive, as he had already filed many similar complaints. This decision shows that courts may reject cases that seem repetitive or without merit.

What happened

The court rejected the former employee's request for legal aid to challenge a dismissal of his complaint by the DSB.

Who was affected

A former employee who claimed his data protection rights were violated during his employment.

What the authority found

The court held that the DSB was right to dismiss the complaint as excessive due to the number of similar complaints already filed.

Why this matters

This case illustrates that courts may not entertain complaints that appear frivolous or repetitive. It encourages individuals to carefully consider the merit of their claims before proceeding.

GDPR Articles Cited

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Art. 57(4) GDPR

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Decision AuthorityBVwG
Source verified 21 March 2026
national law identified
Full Legal Summary
Detailed

The data subject was a former employee of the controller. After having received an allegedly incomplete answer to his access request, the data subject lodged a complaint with the DSB (Austria). The DSG rejected to handle the complaint under Article 57(4) GDPR - considering it excessive - since there were at least 137 complaints of the data subject registered with the DSB. Moreover, these 137 cases were concerning only two subject matters. The first subject matter was that his son's citisenship was allegedly falsely recorded as Italian instead of German with the Austrian public authorities. The second subject matter was that the controller - his former employer - violated his data protection rights during the employment relationship. As the data subject was dissatisfied with the rejection but could not afford legal proceedings himself, he applied for legal aid (this means the exemption from court fees) with the BVwG in order to bring a legal action against the DPA's decision. The court rejected the application of the data subject because it found that the requirements for legal aid under national law were not met. One of the requirements is that the intended legal action may not appear futile. The court, however, concluded that a legal action against the DSB's decision appears futile, because the DSB rightfully rejected to handle the complaint under Article 57(4) GDPR. The court reasoned that the complaint was excessive, because the data subject had already lodged numerous complaints with the DSB about the same two subject matters (137) and the present complaint was closely linked to these complaints.

Outcome

Court Ruling

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

Details

Ruling Date

21 April 2022

Authority

DPA BVwG

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. DSB - Austria (2022). Retrieved from cookiefines.eu

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