Meinhard A – Complaint Upheld (Austria, 2026)

Complaint Upheld
Datenschutzbehörde9 January 2026Austria
final
Complaint Upheld

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 therapy center was found to have not fully responded to a patient's request for information about their personal data. The authority ruled that the center's response was incomplete, which is important because patients have the right to know how their data is used. This case emphasizes the need for transparency in handling personal information.

What happened

The therapy center failed to provide complete information to a patient about their personal data upon request.

Who was affected

The patient who requested access to their personal data from the therapy center was affected.

What the authority found

The Austrian Data Protection Authority upheld the complaint, stating that the center did not comply with the requirements for providing access to personal data.

Why this matters

This decision highlights the importance of fully informing patients about their data, urging healthcare providers to improve their data access processes.

GDPR Articles Cited

AI-verified

Art. 4(6) GDPR
Art. 15(1) GDPR
Art. 58(2)(c) GDPR
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Art. 2(GDPR)
Art. 4(1) GDPR
Art. 4(2) GDPR
Art. 4(6) GDPR
Art. 15(1) GDPR
Art. 22(GDPR)
Art. 31(GDPR)
Art. 51(1) GDPR
Art. 57(1)(f) GDPR
Art. 58(2)(c) GDPR
Art. 77(1) GDPR

Original data from scraper before AI verification against source document.

Entities Involved

Meinhard A
Verein N***-Therapie
Source verified 26 August 2026
articles corrected
Full Legal Summary
Detailed

The controller, an Austrian registered association, operates a therapy centre for psychosomatic illnesses. The data subject was a patient of the controller. On 28 July 2025, the data subject sent an access request by email under Article 15 GDPR, asking for full information on all personal data processed about him including specific categories of data, processing purposes, recipients, storage periods, data origin, any automated decision-making, a copy of his data in electronic format and what data had been processed by two named individuals (a doctor and a body therapist working for the controller) and whether either had disclosed his data to third parties. The controller's chairperson replied by email on 12 August 2025, attaching a PDF of the data collected from the data subject and a list of medications, noting the data originated from a named doctor and that there was no planned retention period. The reply stated that data recorded by the body therapist existed only in handwritten form and had not been electronically processed and offered to send the data subject a copy by post or email. The reply did not include information on the purposes of processing, categories of data, recipients or categories of recipients, or the criteria used to determine retention periods. The data subject filed a complaint with the Austrian DPA, alleging that the access provided was incomplete. Despite being invited to comment twice by the DPA, the controller did not respond at any point during the proceedings, although a delivery receipt confirmed it had received the correspondence. First, addressing the controller's failure to participate in the proceedings, the DPA held that although it is required to investigate matters on its own initiative, a party's persistent failure to cooperate despite repeated invitations may properly be taken into account in the DPA's free assessment of evidence, rather than obliging the DPA to conduct further investigations of its own accord. On this basi

Outcome

Complaint Upheld

A data subject complaint that was upheld by the DPA.

Related Enforcement Actions (0)

No other enforcement actions found for Meinhard A in AT

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

Details

Decision Date

9 January 2026

Authority

Datenschutzbehörde

GDPRhub ID

gdprhub-10218

About this data

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

Cite as: Cookie Fines. Meinhard A - Austria (2026). Retrieved from cookiefines.eu

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