- Enforcing jurisdiction
- Austria · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
DPA case 2023-0.137.735 – Dismissed (Austria, 2023)
Privacy enforcement record
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A person complained that a company didn't fully answer their request for personal data and asked for compensation. The Austrian data protection authority dismissed the complaint, stating it was excessive and unfounded. This case shows that not all complaints will be upheld, especially if they seem unreasonable.
What happened
The person claimed the company's response to their personal data request was incomplete and sought compensation.
Who was affected
The person who made the complaint against the company regarding their data request.
What the authority found
The authority decided not to act on the complaint, viewing it as excessive and unfounded.
Why this matters
This case illustrates that individuals should ensure their complaints are reasonable and well-founded. It also indicates that authorities can dismiss complaints that they find to be abusive.
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Linked-source text retrieved.
Automated check recorded — 18 October 2026.
Processing notes: articles corrected, national law identified.
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The data subject made an access request with the controller. The controller replied, but the data subject claimed that the answer was either false or incomplete, as the data subject had evidence that the controller processed further personal data. The data subject asked the controller to pay €2,900 as a compensation for the damage suffered as a consequence of the allegedly unlawful processing. Alternatively, the data subject threatened that they would have lodged a complaint with the competent DPA. The controller refused to pay and the data subject lodged a complaint with the Austrian DPA. The DPA refused to act on the complaint pursuant to Article 57(4) GDPR. According to this provision, a DPA can refuse to act or charge a reasonable fee when a request is excessive or manifestly unfounded. In this case, the DPA found that the latter scenario applied. As a matter of fact, the request for €2,900 as an alternative to the threatened litigation was seen by the supervisory authority as “dishonest”. The complaint was thus considered as abusive exercise of a procedural right, namely the right enshrined in Article 77(1) GDPR.
Outcome
Dismissed
The complaint or investigation was dismissed.
Related Enforcement Actions (0)
No other enforcement actions found for DPA case 2023-0.137.735 in AT
This is the only recorded action for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. DPA case 2023-0.137.735 - Austria (2023). Retrieved from cookiefines.eu
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