Court case W254 2253351-1 – Court Ruling (Austria, 2025)

Court Ruling
DPA BVwG14 November 2025Austria
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 credit information agency in Austria faced a complaint from a user who wanted more details about their personal data. The agency provided some information but was accused of not being fully transparent. This case highlights the importance of clear communication about personal data held by companies.

What happened

A user requested access to their personal data from a credit information agency, claiming the response was incomplete.

Who was affected

The user whose credit information was processed by the agency was directly affected by this situation.

What the authority found

The court ruled that the agency did not fully comply with the user's request for information under GDPR, indicating a lack of transparency.

Why this matters

This case underscores the obligation for companies to be clear and thorough when responding to data access requests. It serves as a reminder for businesses to improve their data handling practices.

GDPR Articles Cited
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Art. 15(GDPR)
Art. 4(1) GDPR
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Art. 15(GDPR)
Art. 4(1) GDPR

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Decision AuthorityBVwG

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Full Legal Summary
Detailed

The data subject requested access under Article 15 GDPR from the controller (a credit information agency). The controller provided the personal data it held, including the data subject's name, date of birth, address and business role, as well as information about the sources of those data. The data subject considered the response incomplete and requested further information. The controller provided additional information, including the companies that had queried the data subject's creditworthiness between 2014 and 2021 and the credit scores disclosed to them. The data subject then lodged a complaint with the DPA. The data subject argued that the controller processed more personal data than it had disclosed, pointing in particular to the broader categories listed in the controller’s privacy notice and the absence of information about certain data sources. During the DPA proceedings, the controller provided another response, saying that the credit score could change based on statistical criteria linked to economic developments, which it considered non-personal. The data subject appealed the DPA's decision. During the court proceedings, the controller provided further information. It explained that the credit score was calculated using, among other things, payment history data, name, age, sex, address, and the first and last confirmation of the address. However, the controller still did not disclose the specific data covered by the statistical parameters linked to general economic developments that it had used when calculating the data subject’s credit score. First, the court rejected the argument that the controller must have processed additional personal data merely because its privacy notice listed broader categories of data. The privacy notice described data that the controller could theoretically process, but this did not establish that the controller actually processed those data in relation to the data subject. Second, the court examined whether the statistic

Outcome

Court Ruling

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

Related Cases (0)

No other cases found for Court case W254 2253351-1 in AT

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

Details

Ruling Date

14 November 2025

Authority

DPA BVwG

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 W254 2253351-1 - Austria (2025). Retrieved from cookiefines.eu

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