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Father and child (data subjects) – Dismissed (Austria, 2025)

Dismissed
Datenschutzbehörde20 November 2025Austria
final
Dismissed

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An Austrian father filed a complaint against a court-appointed expert for not deleting personal data about him and his child. The data protection authority dismissed the complaint, saying it was an abuse of the system. This decision highlights the limits of using data protection laws to challenge court-appointed roles.

What happened

The father complained that the expert did not delete personal data about him and his child as requested.

Who was affected

The father and his child, who were involved in a custody case.

What the authority found

The authority ruled that the father's complaint was abusive and manifestly unfounded, thus refusing to act on it.

Why this matters

This case shows that complaints about data processing in legal contexts can be dismissed if they are deemed to misuse data protection laws. It serves as a reminder for individuals to use these laws appropriately.

Recorded legal citations
Automatically processed
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Art. 57(4) GDPR
Art. 77(GDPR)

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

Entities Involved

Father and child (data subjects)
Expert (controller)

Source checks

Secondary-source text retrieved.

Automated check recorded — 28 May 2026.

Processing notes: articles corrected.

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Full Legal Summary
Detailed

The data subjects were father and child (a minor). The controller was a court-appointed expert in a custody and contact-rights proceeding before an Austrian district court. On 14 October 2024, the court appointed the expert to prepare an opinion on contact arrangements between the father and the child and on joint custody. On 23 December 2024, the expert conducted a diagnostic interview with the father and collected personal data relating to both data subjects as part of the court mandate. On 12 April 2025, the father requested the court-appointed expert to delete all personal data concerning himself and the child. On 27 October 2025, the father filed a complaint with the Austrian DPA. He requested a finding that his rights to confidentiality, information and erasure had been violated and asked the DPA to order the deletion of all personal data processed by the expert. First, the DPA referred to recent case law of the [https://infocuria.curia.europa.eu/tabs/document?source=document&text&docid=294111&pageIndex=0&doclang=DE&mode=req&dir&occ=first&part=1%7CCJEU CJEU] and the [https://ris.bka.gv.at/JudikaturEntscheidung.wxe?Abfrage=Vwgh&Dokumentnummer=JWT_2023040002_20230627L00|Austrian Administrative Court] on Article 57(4) GDPR noting that supervisory authorities may refuse to act on excessive or manifestly unfounded complaints. As the complaint primarily targeted the alleged bias of the court-appointed expert and sought to undermine the expert’s role in the custody proceedings, the DPA found that the data subject (father) attempted to use GDPR procedures to delegitimise the expert’s work and obtain deletion of evidence gathered under a judicial mandate. The authority considered this a misuse of rights and an abuse of the complaint mechanism under Article 57(4) GDPR. Second, the DPA emphasised that it had no competence to review procedural defects in civil proceedings, assess the admissibility of expert evidence or replace remedies available under Austrian procedural law. Finally, the DPA refused to handle the complaint under Article 57(4) GDPR because it considered the complaint both abusive and manifestly unfounded.

Outcome

Dismissed

The complaint or investigation was dismissed.

Related Enforcement Actions (0)

No other enforcement actions found for Father and child (data subjects) in AT

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

Details

Decision Date

20 November 2025

Authority

Datenschutzbehörde

GDPRhub ID

gdprhub-10024

About this data

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

Cite as: Cookie Fines. Father and child (data subjects) - Austria (2025). Retrieved from cookiefines.eu

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