DPA case DSB-D124.1177/0006-DSB/2019 – Dismissed (Austria, 2021)

The controller pursues, among other things, the purpose of scientific research on the history of fascism and National Socialism, the resistance to the latter movements and on political manifestations of right-wing extremism, including the purpose of documentation and archiving. The controller operates different types of archives. Relevant here is the so-called "cut archive", in which clippings from various media, in particular daily newspapers, are stored. These articles are stored and key-worded online. The respondent made media contributions by the complainant accessible on its website and labelled the complainant as "extreme right-wing". An employee of the controller had also made corresponding statements to the media. The complainant requested the controller to delete the aforementioned articles. This was based on the claim that the controller cannot rely on a legal basis under the GDPR to process such special categories of personal data. Also, it was stated that the controller does not use such data for scientific purposes, as claimed, but for daily political purposes. The respondent rejected the request. It stated that the processing served purposes pursuant to Article 89(1) GDPR and was exempted from the right to deletion by § 2d (6) of the Austrian Research Organization Act (FOG). Further, the controller referred to Article 9 (1) and (2) (e) GDPR. The political conviction of the complainant was not a secret and was based on verifiable statements made publicly by the complainant. The complainant filed a complaint with the Austrian DPA (Datenschutzbehörde - DSB). = With § 2d(6)(3) FOG, there is a national provision that excludes the right to erasure insofar as this is likely to render impossible or seriously impair the achievement of purposes pursuant to Article 89(1) GDPR. In principle, Article 89(3) GDPR contains an opening clause. This provision was also applied in the present case. The DSB decided that the maintenance of the "cut archive" falls under