DPA case 2025-0.968.031 – Dismissed (Austria, 2025)

A data subject published a post concerning their ADHD diagnosis on a publicly accessible online forum under a pseudonym. A person (the controller) who was a follower of the data subject and had previously been in personal contact with them, knew that the pseudonym belonged to the data subject. The controller subsequently sent a WhatsApp message to a mutual acquaintance stating that the data subject had received an ADHD diagnosis and included a link to the forum post. The data subject lodged a complaint with the Austrian DPA (DSB), arguing that their health data had been disclosed to a third party. They alleged that the controller by forwarding the pseudonymous forum profile, had unequivocally linked it to their real identity. The DPA held that the data subject was identifiable to the controller as regards the publication of the forum post under her profile name. Since the post also included information concerning her gender, age and diagnosis, it concluded that it constituted her personal data under Article 4(1) GDPR. The DPA further held that the prohibition on processing special categories of personal data under Article 9(1) GDPR did not apply because the data subject had manifestly made their health data public within the meaning of Article 9(2)(e) GDPR. It reasoned that actively disclosing the ADHD diagnosis in a publicly accessible forum constituted an unambiguous and conscious act by which the data subject made the information available to the public. The DPA therefore dismissed the complaint as unfounded.