Court case 11R86/25k – Court Ruling (Austria, 2025)
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 that a tenant could access personal data held by their landlord, who had refused the request. This decision is important because it reinforces the right of individuals to know what personal information is being collected about them. It encourages transparency in data handling.
What happened
A tenant requested access to their personal data from their landlord, who initially refused.
Who was affected
The tenant who was concerned about how their personal data was being monitored by the landlord.
What the authority found
The court upheld the tenant's right to access their personal data despite the landlord's claims that the request was abusive.
Why this matters
This case highlights the importance of transparency and access to personal data for individuals. It reminds companies that they must comply with access requests to maintain trust.
View original scraped data
Original imported citations before automated processing; the processing history does not establish independent verification.
Source checks
Secondary-source text retrieved.
Automated check recorded — 3 July 2026.
No issues were reported by that automated check.
Retrieved text may be a secondary summary or an announcement. These automated statuses do not establish that the original decision was read or that the record received an independent legal review. How we check sources
The data subject was a tenant in an apartment owned by the controller. Termination proceedings were pending between the parties. During those proceedings, the data subject submitted photos and documents suggesting that the controller had been monitoring them. They subsequently submitted an access request, seeking access to personal data processed about them, including among other things, information concerning their heating and hot-water consumption. The controller refused to provide the requested information. The data subject claimed that the refusal had left them with a feeling of powerlessness, stress and uncertainty about the extent to which their private activities had been monitored and their personal data processed. They therefore filed a claim for damages. The controller argued that the data subject’s access request was an abusive exercise of rights because it had been submitted in the context of the termination proceedings. It claimed that their sole intention was to obtain evidence for that dispute. It alleged that the data subject had not shown any interest in this information prior to the court proceedings. The controller also argued that the requested information was protected as its trade secrets. It further requested that the proceedings in this case be stayed until the termination proceedings and the proceedings pending before the Austrian DPA had been finally resolved. The first-instance court rejected the motion for a stay and upheld the data subject’s claims. It found that the access request was not abusive, as the data subject pursued legitimate purposes under Recital 63. It held that the data subject sought to obtain information about the data concerning them and verifying the lawfulness of that processing. It further held that trade secrets could override the right of access only in special circumstances and that the controller’s purpose to avoid giving the data subject an advantage in the termination proceedings was not sufficient. The contro
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Court case 11R86/25k in AT
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Court case 11R86/25k - Austria (2025). Retrieved from cookiefines.eu
Last updated: