DPA case DSB-D122.844/0006-DSB/2018 – Complaint Upheld (Austria, 2018)
General GDPR enforcement action
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The Austrian Data Protection Authority ruled that a bank could not charge fees for access to historic transaction data. The authority found that the bank's fee policy conflicted with GDPR's rules on free access to personal data. This decision reinforces the right of individuals to access their data without cost.
What happened
A citizen requested free access to five years of historic bank transaction data, but the bank wanted to charge a fee.
Who was affected
A citizen who sought access to their bank transaction data for the past five years.
What the authority found
The authority determined that GDPR rules require free access to personal data, overriding the bank's fee policy.
Why this matters
This ruling underscores the importance of individuals' rights to access their personal data without incurring costs. Businesses should review their data access policies to ensure compliance with GDPR.
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A citizen requested a copy of historic bank transaction data for the past five years in relation to his house management company. Bank transaction data was only visible for the past two years in the online banking system. The bank (the controller) usually charges a fee of € 30 per year for copied of historic transaction data. The data was however held on normal servers, but not visible to the data subject. The data subject made an access request under Article 15 GDPR and demanded free access to the historic bank transaction data. The bank argued that this would be a misuse of Article 15 GDPR and the fees under the contract override the provisions in Article 12(6) GDPR that require fee access to data. The case was brought under Directive 95/46, but decided after the coming into force of the GDPR on 25. 5. 2018. Can a controller charge for access to historic account data under Article 15 GDPR? Is GDPR applicable to a case that was still pending before the DPA on 25. 5. 2018? GDPR applies to cases pending before the Austrian DPA given a specific transition provision in § 69 of the Austrian Data Protection Act ("Datenschutzgesetz") that makes GDPR retroactively applicable to pending cases before the Austrian DPA. The DPA found that GDPR overrides fee provisions in terms or contracts of the bank.
Outcome
Complaint Upheld
A data subject complaint that was upheld by the DPA.
Related Enforcement Actions (0)
No other enforcement actions found for DPA case DSB-D122.844/0006-DSB/2018 in AT
This is the only recorded action for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. DPA case DSB-D122.844/0006-DSB/2018 - Austria (2018). Retrieved from cookiefines.eu
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