Public Employment Service Austria (respondent in the initial trial before the DSB) – Court Ruling (Austria, 2023)

Court Ruling
DPA BVwG21 December 2023Austria
final
ePrivacy
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.

A French data controller faced consequences for not cooperating with the data protection authority. Although no fine was imposed, this case underlines the importance of compliance with investigations. Companies should understand that lack of cooperation can lead to further scrutiny and potential penalties.

What happened

A French data controller was penalized for failing to cooperate with the data protection authority.

Who was affected

The data controller in France that did not comply with the authority's requests.

What the authority found

The French data protection authority took action due to the lack of cooperation from the data controller.

Why this matters

This situation highlights the necessity for companies to engage with data protection authorities. It serves as a warning that non-compliance can lead to more serious consequences in the future.

GDPR Articles Cited

AI-verified

Art. 4(4) GDPR
Art. 9(2)(g) GDPR
Art. 22(1) GDPR
Art. 22(2) GDPR
Art. 22(3) GDPR
Art. 22(4) GDPR
View original scraped data
Art. 4(GDPR)
Art. 5(GDPR)
Art. 6(GDPR)
Art. 9(GDPR)
Art. 9(2)(g) GDPR
Art. 22(GDPR)
Art. 57(GDPR)
Art. 58(GDPR)

Original data from scraper before AI verification against source document.

Decision AuthorityBVwG
Reviewed AuthorityDSB
Source verified 9 April 2026
articles corrected
verified correct
Full Legal Summary
Detailed

The Public Employment Service (AMS) is a service provider under public law with its own legal personality, which is responsible for implementing the labour market policy of the federal government. In order to support workers in their (re-)integration into the labour market, it offers various services which are implemented by its counsellors. In order to support counsellors in assessing the labour market opportunities of jobseekers, the AMS has developed a concept for calculating the labour market opportunities of jobseekers (AMAS). In concrete terms, AMAS uses an algorithm to automatically calculate the probability of currently registered customers being employed for a certain number of days within a certain period in the future. For this purpose, a so-called IC is calculated from the following data: age group, sex, Group of States, Education, Health impairment, Caring duties, professional group, pre-career, Regional labour market performance, Duration of the business case at the AMS. Based on the calculated IC, a classification is made into the following groups: Service clients with high labour market opportunities, care clients with low labour market opportunities, Counselling clients with medium labour market opportunities. The results of the AMAS ought to be used in the guidance process and be a starting point for the counsellors to determine, together with the client, the optimal support strategy (subsidies and support services). The final decision on the assignment to a client group is always made by the counsellors. Originally, the Data Protection Authority (DSB) initiated an ex officio investigation into the matter and concluded that, the AMS was prohibited from processing data with the help of the AMAS with effect from 1 January 2021, unless there is a suitable legal basis for the data processing. In the contested decision, the Austrian Federal Administrative Court held that the Public Employment Service could lawfully process personal data belonging to jo

Outcome

Court Ruling

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

Related Cases (0)

No other cases found for Public Employment Service Austria (respondent in the initial trial before the DSB) in AT

This is the only recorded case for this entity in this jurisdiction.

Details

Ruling Date

21 December 2023

Authority

DPA BVwG

About this data

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

Cite as: Cookie Fines. Public Employment Service Austria (respondent in the initial trial before the DSB) - Austria (2023). Retrieved from cookiefines.eu

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