- Enforcing jurisdiction
- Austria · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
DPA case 2020-0.083.190 – Violation Found (Austria, 2020)
Privacy enforcement record
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In Austria, a complainant successfully accessed their personal data through a complaints procedure. However, the data protection authority clarified that the complainant was not part of any penal procedure related to potential violations.
What happened
A complainant received access to their personal data after filing a complaint.
Who was affected
The individual who filed the complaint seeking access to their personal data.
What the authority found
The Austrian data protection authority ruled that while the complainant could access their data, they were not involved in any subsequent penal proceedings.
Why this matters
This case illustrates the rights individuals have to access their data and the limitations of their involvement in legal proceedings related to data protection.
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Source checks
Linked-source text retrieved.
Automated check recorded — 18 October 2026.
Processing notes: articles corrected, national law identified.
Retrieved text may be a secondary summary or an announcement. These automated statuses do not establish that the original decision was read or that the record received an independent legal review. How we check sources
A complainant has succeed in a complaints procedure to get access to his data. Under Austrian law the complaints procedure is governed by the General Administrative Procedural Act ("AVG") and any additional penalty is governed by the Administrative Penal Procedural Act ("VStG"). While the complainant was a party to the procedure that ensured access to his data, the lawyer representing the complainant was applying to be a party to the penal procedure too. Is a complainant party to the penal procedure, following a GDPR violation? The Austrian DPA ("DSB") held that while the complainant is a party to the complaints procedure, that ensures that his personal right to access is enforced, the complainant is not a party to the penal procedure that concerns the state-imposed penalty. This would be different, if any rights "inter partes" would form the procedure.
Outcome
Violation Found
The DPA found a violation but did not impose a fine.
Related Enforcement Actions (0)
No other enforcement actions found for DPA case 2020-0.083.190 in AT
This is the only recorded action for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. DPA case 2020-0.083.190 - Austria (2020). Retrieved from cookiefines.eu
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