- Enforcing jurisdiction
- Austria · Geography does not establish applicable law.
- Confirmed applicable legislation
- No confirmed legal basis recorded.
- Privacy topics
DPA case DSB-D122.844/0006-DSB/2018 – Complaint Upheld (Austria, 2018)
Privacy enforcement record
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A citizen wanted to access five years of bank transaction data for free, but the bank said it would charge a fee. The authority decided that the bank could not charge for this access under GDPR rules. This case highlights the right of individuals to access their personal data without being charged.
What happened
A citizen requested free access to historic bank transaction data from his house management company.
Who was affected
The citizen who sought access to his bank transaction data.
What the authority found
The authority ruled that the bank could not charge fees for access to personal data under GDPR.
Why this matters
This decision emphasizes that individuals have the right to access their personal data without incurring costs. Businesses should ensure they comply with GDPR when handling access requests.
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Processing notes: articles corrected, national law identified, date discrepancy.
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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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