- Enforcing jurisdiction
- Austria · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
Gerhard A. (data subject) – Complaint Upheld (Austria, 2025)
Privacy enforcement record
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An Austrian data protection authority upheld a complaint from a user against a UK-based gaming company for not providing requested personal data. The authority stated that the company could not refuse the request just because the user might use the information for a legal claim. This case highlights the importance of transparency and access to personal data for users.
What happened
A user complained that a gaming company did not provide access to his personal data as requested.
Who was affected
Gerhard A., a user of the gaming company's services.
What the authority found
The authority found that the gaming company had to comply with the user's request for personal data and could not refuse it based on the potential for legal action.
Why this matters
This decision reinforces users' rights to access their personal data. Companies must be careful not to deny access requests based on assumptions about users' intentions.
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Entities Involved
Source checks
Linked-source text retrieved.
Automated check recorded — 19 March 2026.
Processing notes: national law identified.
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The data subject used a game console and an online store operated by the controller, a company established in the United Kingdom. He had a user account with the controller and used it to buy digital products. On 13 February 2024, the data subject, through his lawyers, sent an access request to the controller under Article 15 GDPR. He asked for transaction lists for all his accounts, including deposits and withdrawals, the relevant dates, and the games or services concerned. He also asked for information on his total gains or losses, whether these included sports betting, and which group company had concluded the contract with him. On 14 March 2024, the controller replied by email. It sent a copy of its privacy notice and referred the data subject to its privacy policy. However, it refused to provide the requested transaction information. It argued that the request did not serve a data protection purpose and that the data subject wanted the information for a civil claim. It also said that it could not identify items bought within a game’s in-game store. The controller stated that the data subject could already view and download his transaction history and further data through his user account at any time and without charge. The data subject expanded his position and argued that the controller had to provide access not only to transaction data, but to all personal data processed about him, including data not visible in the user account. First, the DPA rejected the controller’s argument that the access request was abusive under Article 12(5) GDPR and stated that a data subject does not need to justify an access request. It noted that the GDPR does not allow a controller to refuse access merely because the data subject may later use the information in court, saying that using access rights to assess possible legal claims does not, by itself, amount to abuse. Second, the DPA held that the controller did not infringe Article 15 GDPR in relation to the transaction data t
Outcome
Complaint Upheld
A data subject complaint that was upheld by the DPA.
Related Enforcement Actions (0)
No other enforcement actions found for Gerhard A. (data subject) in AT
This is the only recorded action for this entity in this jurisdiction.
Details
Decision Date
27 October 2025
Authority
Datenschutzbehörde
About this data
Cite as: Cookie Fines. Gerhard A. (data subject) - Austria (2025). Retrieved from cookiefines.eu
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