Court case W252 2247042-1 – Court Ruling (Austria, 2024)

Court Ruling
Datenschutzbehörde22 January 2024Austria
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.

A court in Austria ruled that the Public Employment Service did not fully comply with a user's requests for access to their personal data. This is important because it emphasizes that organizations must respect users' rights to access their information. Businesses should be careful to follow all access requests properly.

What happened

The court found that the Public Employment Service failed to provide all requested personal data to the user.

Who was affected

The individual who requested access to their personal data from the Public Employment Service was affected.

What the authority found

The court held that the service did not adequately respond to the user's specific requests for data access.

Why this matters

This case reinforces the need for organizations to handle data access requests thoroughly and transparently, ensuring users receive all relevant information.

GDPR Articles Cited

AI-verified

Art. 16(GDPR)
Art. 15(1) GDPR
Art. 15(3) GDPR
View original scraped data
Art. 12(3) GDPR
Art. 15(1) GDPR
Art. 15(2) GDPR
Art. 15(3) GDPR
Art. 16(GDPR)
Art. 20(GDPR)
Art. 63(GDPR)

Original data from scraper before AI verification against source document.

Decision AuthorityFederal Administrative Court
Reviewed AuthorityDSB
Source verified 18 July 2026
articles corrected
authority corrected
Full Legal Summary
Detailed

The controller, an Public Employment Service Austria, processed the personal data of the data subject in connection with his file. On 21 February 2019, 15 March 2019 and 25 November 2020, the data subject sent access requests to the controller by fax, each time explicitly insisting on delivery of the response by registered post, addressed personally and refusing delivery by email. With the November 2020 request, he also sent a blank DVD-R by post, asking the controller to copy the data onto it. The controller responded to each request with a printed access response sent by registered letter, the responses were substantially identical and the DVD-R was returned unused. The controller's usual practice is to provide access electronically through an online account. The access responses included the data subject's basic data, insurance and benefit periods and a chronological log of case notes "Informationen/Gesprächsnotizen/Vermerke", which listed attachments where relevant but did not include copies of entire documents. The data subject was aware of the content of the documents listed as attachments, since he himself had submitted them to the controller. None of the three responses referred to a specific case note dated 17 October 2018, recording a phone call between the controller and the data subject's family doctor about his health. The data subject repeatedly and specifically requested this note. The controller only produced it during the proceedings before the Federal Administrative Court, in a submission of 29 June 2023, which the Court forwarded to the data subject in July 2023. The data subject lodged a complaint with the Austrian DPA in February 2020, arguing that the access provided was deficient because copies of documents were missing, unexplained abbreviations were used, the response was not delivered in a common electronic format and it contained incorrect data. The DPA partially upheld the complaint (ordering the controller to explain certain abbreviation

Outcome

Court Ruling

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

Related Cases (0)

No other cases found for Court case W252 2247042-1 in AT

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

Details

Ruling Date

22 January 2024

Authority

Datenschutzbehörde

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Court case W252 2247042-1 - Austria (2024). Retrieved from cookiefines.eu

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