- Enforcing jurisdiction
- Austria · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
unknown (claimant) – Court Ruling (Austria, 2021)
Privacy enforcement record
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An Austrian court ruled on a case involving a logistics company that sells personal data for marketing. The court decided that the company must provide access to certain marketing classifications when requested by users. This case reinforces the rights of individuals to access their personal data.
What happened
A logistics company was ordered to provide access to marketing classifications it created based on user data.
Who was affected
The individual who requested access to their personal data from the logistics company.
What the authority found
The court found that the logistics company had a legal obligation to provide access to the requested data under GDPR.
Why this matters
This case highlights the importance of transparency in data processing and reinforces users' rights to access their personal information, which is crucial for businesses to understand.
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The controller (defendant) is the biggest logistics and postal service provider in Austria. Its main business activities include the transport of letters, advertising mail, print media, and parcels. Furthermore, the defendant also conducts business as an address publisher under § 151 Austrian Trade Regulation Act (Gewerbeordnung 1994 - GewO) and sells personal data for third-party marketing purposes. On 14.01.2019 the data subject (claimant) sent an access request under Article 15 GDPR to the controller on which the controller replied to on 14.02.2019. Besides data such as name and phone number the controller stated to process certain "marketing classifications" under § 151(6) GewO. These "marketing classifications" are calculated based on a a variety of socio-demographic circumstances (e.g. age, place of residence, level of education) and express a statistic probability of the data subject belonging to a certain demographic group (e.g. "do-it-yourselfer", "night owl", "person with affinity for investments"). The data subject was not content with the controller's reply and filed a lawsuit for the provision of access under Article 15 and erasure under Article 17 GDPR in connection with Article 21 GDPR. Furthermore, the data subject requested a declaratory judgment that the controller is under the legal obligation to provide access to the data subject regarding certain "marketing classifications" under Article 15 GDPR in the case of further access requests by the data subject. The first instance court (Regional Court Wels - LG Wels) rejected the lawsuit, holding that the controller had already fulfilled the data subject's requests. Following an appeal by the data subject, the second instance court (Higher Regional Court Linz - OLG Linz) partially overturned this decision and held that the data subject had indeed a legal interest in the claimed declaratory judgment. Consequently, it held that the controller is under the legal obligation to provide access to the data su
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (1)
Other cases involving unknown (claimant) in AT
Details
Ruling Date
18 February 2021
Authority
DPA OLGLinz
About this data
Cite as: Cookie Fines. unknown (claimant) - Austria (2021). Retrieved from cookiefines.eu
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