DPA case 2021-0.816.492 – Complaint Upheld (Austria, 2021)
General GDPR enforcement action
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An Austrian data protection authority upheld a complaint against the Federal Minister of the Interior for not providing requested police records. The request was not fulfilled as the individual was living abroad and did not appoint a representative in Austria. This case highlights the importance of accessible information for individuals seeking their personal data.
What happened
A complaint was upheld regarding the failure to provide access to personal data.
Who was affected
The individual who requested access to their police records was affected.
What the authority found
The authority found that the controller did not comply with the request for access to personal data.
Why this matters
This ruling emphasizes the obligation of authorities to provide access to personal data, even for individuals living abroad. It serves as a reminder for public bodies to ensure compliance with data access requests.
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Automated check recorded — 18 October 2026.
Processing notes: articles corrected, national law identified.
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On 10 October 2020, the data subject requested access from the controller, the Federal Minister of the Interior, to all police entries and all queries in the Electronic Criminal Police Information System and Border Control Points. The data subject expressly stated on the application form that she wanted to receive the information by e-mail as they were living abroad for an indefinite period of time. Moreover, as proof of their identity, the data subject had sent a copy of a passport, but had not proven thier identity by means of a citizen card. On 19 October 2020, the controller completed the access request and arranged for the copy to be send to the registered address of the data subject. The post office informed the data subject that the copy was sent back, as the data subject was absent at the address. The controller tried again and sent a copy to a different address which was the main residence of the data subject, but the copy was returned again as the data subject was absent at this address, too. The controller did not send the requested information to the data subject by email. Despite the controller’s request, the data subject did not appoint an authorised representative in Austria. On 22 October 2020, the controller replied that the access request could not be complied with, because the data subject was living abroad and no longer had a place of residence in Austria. On 30 December 2020, the data subject lodged a complaint against the controller at the Austrian DPA (“Datenschutzbehörde”). Article 12(1) of the [https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX%3A32016L0680 Law Enforcement Directive (LED)], which regulates the processing of “criminal data”, states that the controller shall provide the information in the same form as the request. According to the DPA, this goes beyond the wording of Article 12(1) GDPR which state that information must be provided in writing or in another form, including electronically where appropriate. Articl
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 2021-0.816.492 in AT
This is the only recorded action for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. DPA case 2021-0.816.492 - Austria (2021). Retrieved from cookiefines.eu
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