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doctor – Court Ruling (Austria, 2020)

Court Ruling
Datenschutzbehörde4 December 2020Austria
final
Court Ruling

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A doctor search platform in Austria was cleared of wrongdoing after a complaint about data handling. The court decided that the case was already being handled by another court, so the complaint was not valid. This ruling emphasizes the importance of knowing where to address data protection issues.

What happened

A complaint about a doctor search platform's data handling was rejected by the Data Protection Authority.

Who was affected

The complainant, a doctor listed on the platform, claimed his reputation was harmed by false evaluations.

What the authority found

The court ruled that the complaint was inadmissible because the matter was already under consideration by an ordinary court.

Why this matters

This ruling clarifies that individuals must choose the correct legal path for data protection complaints. It reminds users and platforms to be aware of existing legal processes.

Recorded legal citations
Automatically processed
Art. 15 GDPR
Art. 18 GDPR
Art. 21 GDPR
Art. 5(1)(d) GDPR
Art. 77 GDPR
Art. 79 GDPR
View original scraped data
Art. 5(1)(d) GDPR
Art. 15(GDPR)
Art. 18(GDPR)
Art. 21(GDPR)
Art. 77(GDPR)
Art. 79(GDPR)

Original imported citations before automated processing; the processing history does not establish independent verification.

National Law Articles
AI-identified
§§ 1, 24 Austrian Data Protection Act (Datenschutzgesetz - DSG)
Article 133 (4) Austrian Constitution (B-VG)
Decision AuthorityBVwG
Reviewed AuthorityDSB (Austria)

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Processing notes: articles corrected, national law identified.

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Full Legal Summary
Detailed

The complainant lodged a complaint pursuant to Article 77 of the GDPR on the grounds of infringement of the right to erasure of data pursuant to Article 17 of the GDPR and the right to object to data processing pursuant to Article 21 of the GDPR against one of Austria's leading doctor search platforms. This platform is intended to enable patients and doctors to find each other. For this purpose, it listed doctors on its website - including the complainant- with their title, name, address, speciality, telephone number and surgery hours. Directly below the presentation of this data, the platform allows anonymous third parties to rate the respective doctors according to a school grading system in various categories as well as to write a "field report" in free text. In order to be able to submit such an evaluation, it was necessary to register on the website with a freely selected user name and to provide an e-mail address and date of birth. The entry of further data was not required. The complainant claimed that the allegations in some evaluations were untrue and likely to damage his reputation and standing. The Data Protection Authority rejected the complaint on the grounds of inadmissibility. In its opinion, the recourse to the data protection authority was inadmissible because an ordinary court was already dealing with the same matter. Does the online platform violate the rights of the data subject under the GDPR? In addition, is there an obligation for the platform to delete all data which use does not comply with the provisions of the GDPR, in particular the complainant's entire doctor profile including all evaluations, and is the platform obliged to refrain from any further processing of the data? In its decision, the Administrative Court agrees with the reasoning of the Supreme Court, according to which the parallelism of legal protection options is permissible under the GDPR, which is directly applicable in Austria, and the circumstance of parallel recour

Outcome

Court Ruling

A ruling by a national court on a data-protection matter.

Related Cases (0)

No other cases found for doctor in AT

This is the only recorded case for this entity in this jurisdiction.

Details

Ruling Date

4 December 2020

Authority

Datenschutzbehörde

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
Automatically normalized and classified

Cite as: Cookie Fines. doctor - Austria (2020). Retrieved from cookiefines.eu

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