- Enforcing jurisdiction
- Austria · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
Ulrike A*** (complainant) – Dismissed (Austria, 2020)
Privacy enforcement record
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A complaint from a former politician about an article on a website was dismissed because the website was deemed to be processing data for journalistic purposes. This matters because it clarifies the limits of data rights when it comes to media reporting.
What happened
A complaint for erasure of personal data was rejected by the data protection authority.
Who was affected
The former politician who requested the removal of her personal data from an article on a website.
What the authority found
The authority ruled that the website's publication of the article was for journalistic purposes, thus not subject to certain data rights.
Why this matters
This ruling indicates that media companies have specific protections under data laws when reporting on public figures, which can limit individuals' rights to control their personal data.
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Original imported citations before automated processing; the processing history does not establish independent verification.
Entities Involved
Source checks
Linked-source text retrieved.
Automated check recorded — 18 March 2026.
Processing notes: national law identified.
Retrieved text may be a secondary summary or an announcement. These automated statuses do not establish that the original decision was read or that the record received an independent legal review. How we check sources
In June 2019, the complainant requested erasure of her personal data from the respondent's website, claiming that an article on that website contained wrong statements about her. After the respondent’s refusal to do so, the complainant lodged a complaint with the DSB. The respondent argued that publishing the article on its website qualified as processing carried out for journalistic purposes under Article 85 GDPR and § 9(1) of the Austrian Data Protection Act (Datenschutzgesetz - DSG). Due to the derogations in § 9(1) DSG, the DSB would hence not be competent to handle the complaint. *Is the DSB competent to handle the complaint or is the processing on the respondent's website subject to Article 85 GDPR and § 9(1) of the Austrian Data Protection Act? *Did the respondent violate the complaint's right to erasure under Article 17 GDPR? The DSB held, that the respondent qualifies as a media company under § 1(1)(6) of the Austrian Media Act, because it is a company which creates the content of the medium and handles the production, distribution, broadcasting and retrievability of the medium. It further held, that the data processing (publishing the complainant's personal data in an online article) was carried out for journalistic purposes. As the complainant is an former politician and the article revolved around legal procedures that she is involved in there was a public interest in mentioning the complainant's name. Under Article 9(1) DSG, Chapter III and Chapter VI of the GDPR do not apply on data processing carried out by media companies for journalistic purposes. Such GDPR violations must be tried before civil courts. Hence, the DSB considered itself not competent, rejected the complaint and did not investigate the alleged violation of Article 17 GDPR.
Outcome
Dismissed
The complaint or investigation was dismissed.
Related Enforcement Actions (0)
No other enforcement actions found for Ulrike A*** (complainant) in AT
This is the only recorded action for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Ulrike A*** (complainant) - Austria (2020). Retrieved from cookiefines.eu
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