Court case W211 2223654-1 – Court Ruling (Austria, 2019)
General GDPR enforcement action
This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.
An Austrian citizen requested his personal data but was asked for ID verification, leading to a complaint. The court decided not to grant legal aid since the citizen could handle the complaint process himself. This case shows that individuals can seek data access without needing legal representation.
What happened
A citizen's request for personal data led to a complaint after being asked for ID verification.
Who was affected
An Austrian citizen requesting access to his personal data.
What the authority found
The court decided not to grant legal aid, as the citizen was capable of managing the complaint process independently.
Why this matters
This case illustrates that individuals can pursue data access rights without needing a lawyer, highlighting the accessibility of data protection processes. It reassures citizens that they can manage such requests on their own.
National Law Articles
A citizen requested a copy of his personal data from a controller under Article 15 GDPR. The controller requested a copy of an identity document for identification purposes. Following the request of an official identity document, the data subject (the complainant) submitted a complaint before the Austrian DPA for violation of his right to access. The DPA dismissed the complaint as unfounded. The applicant lodged an appeal before the Federal Court and requested legal aid. The Court had to assess whether it was necessary to grant the complainant legal aid. The Court found it was not necessary to grant legal aid for to have the complainant represented by a lawyer, as the complainant was obviously able to file a complaint with the DPA himself, the Judged at the BVwG have to assist the complainant in filing the case and during the hearing ("Manuduktionspflicht") and the factual and legal issues are rather trivial. The application for legal aid was denied. No decision on the material issues was made.
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Court case W211 2223654-1 in AT
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Court case W211 2223654-1 - Austria (2019). Retrieved from cookiefines.eu
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