- Enforcing jurisdiction
- Austria · Geography does not establish applicable law.
- Confirmed applicable legislation
- No confirmed legal basis recorded.
- Privacy topics
Richard A*** (data subject/complainant) – Complaint Upheld (Austria, 2020)
Privacy enforcement record
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The Austrian data protection authority ruled in favor of a customer who complained about a bank requiring photo ID for a small currency exchange. The bank had no legal basis to store the customer's driver's license since the transaction was below the required threshold. This case reinforces the importance of only collecting necessary personal data.
What happened
A bank required a customer to provide and store their driver's license for a €100 currency exchange.
Who was affected
Richard A***, the customer who complained about the bank's actions, was affected.
What the authority found
The authority found that the bank had no legal basis for processing the customer's driver's license for this transaction.
Why this matters
This case highlights that businesses must only collect and store personal data when legally required. Companies should review their data collection practices to ensure compliance.
Entities Involved
Source checks
Linked-source text retrieved.
Automated check recorded — 19 March 2026.
Processing notes: articles corrected, 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
The data subject was an occasional customer at the controller, a bank. The data subject submitted a complaint to the Austrian DPA alleging that his right to privacy had been violated by the controller when it required that he produce photo ID to convert €100 to Turkish Lira (TRY). The bank then copied and saved the data subject's driver's license. The bank argued that the lawful basis for the processing (storage of the data subject's driver's license) was that it was necessary for compliance with a legal obligation imposed by §§ 5.2 and 6.1 of the Austrian Financial Markets Money Laundering Act (FM-GwG). The DPA pointed out that § 5.2 FM-GwG (Application of due diligence) required the controller to apply its due diligence obligations when an occasional transaction was over €1,000. The transaction at issue was only €100, thus the controller was under no obligation to verify the data subject's identity in accordance with § 6.1 FM-GwG (Scope of due diligence). Because the FM-GwG did not in fact impose any obligation on the controller to verify the data subject's identity, the controller did not have a legal basis for processing the data subject's data under Article 6(1)(c) GDPR. Thus, the data subject was entitled to have the controller delete his personal data per Article 17(1)(d), which allows a data subject to exercise their "right to be forgotten" in cases where their personal data has been unlawfully processed. The DPA accordingly ordered the controller to delete the copy it had retained of the data subject's driver's license within four weeks.
Outcome
Complaint Upheld
A data subject complaint that was upheld by the DPA.
Related Enforcement Actions (0)
No other enforcement actions found for Richard A*** (data subject/complainant) in AT
This is the only recorded action for this entity in this jurisdiction.
Details
Decision Date
28 May 2020
Authority
Datenschutzbehörde
About this data
Cite as: Cookie Fines. Richard A*** (data subject/complainant) - Austria (2020). Retrieved from cookiefines.eu
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