- Enforcing jurisdiction
- Austria · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
DPA case 2025-0.789.117 – Dismissed (Austria, 2025)
Privacy enforcement record
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A woman complained to a hospital about not receiving information regarding her deceased father's medical records. The Austrian Data Protection Authority dismissed her complaint, stating she was not a recognized person to access that information. This case illustrates the limits of data access rights.
What happened
A daughter sought access to her deceased father's medical records but was denied by the hospital.
Who was affected
The daughter of a deceased patient who requested access to medical information.
What the authority found
The Austrian DPA dismissed the complaint, ruling that the daughter did not have a valid access request under data protection laws.
Why this matters
This case clarifies that access rights under data protection laws do not extend to deceased individuals' data. It serves as a reminder for families to understand the limitations of data access after death.
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Automated check recorded — 18 October 2026.
Processing notes: articles corrected, national law identified.
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The daughter (the data subject) of a deceased patient, who repeatedly emailed a hospital (the controller) requesting information on the medical cause of death of her father. The controller responded that she was not registered as a “trusted person”, and the deceased had designated another trusted person, who alone had access to the medical records. The data subject filed a complaint with the Austrian Data Protection Authority (DSB), alleging a violation of her right of access under Article 15 GDPR, arguing that the hospital failed to respond properly to her requests. The DSB dismissed the complaint as unfounded. It held that the data subject’s emails did not constitute a valid access request under Article 15 GDPR, as they merely sought disclosure of a specific piece of information (the medical cause of death) rather than information about the processing of personal data. Consequently, no obligation to respond under Article 12(3) GDPR arose. The DSB further found that the requested information did not relate to the data subject’s own personal data but to that of her deceased father. Since the GDPR does not apply to personal data of deceased persons under Recital 27 and the right of access is a strictly personal and non-transferable right, the complainant could not rely on Article 15 GDPR to obtain the information. The absence of a valid access request was not a procedural defect capable of being cured, and the complaint therefore had to be rejected.
Outcome
Dismissed
The complaint or investigation was dismissed.
Related Enforcement Actions (0)
No other enforcement actions found for DPA case 2025-0.789.117 in AT
This is the only recorded action for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. DPA case 2025-0.789.117 - Austria (2025). Retrieved from cookiefines.eu
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