1. unknown data subject (co-participant and complainant in the procedure before the DSB) – Court Ruling (Austria, 2022)

The data subject alleged a violation of Article 5 GDPR by the complainant and brought his complaint to the Data Protection Authority (Datenschutzbehörde - DSB). They claimed that the president of the complainant had discussed his person in confidential telephone calls with various offices. According to him, the information discussed was suitable to portray him negatively. The complainant argued that the oral discussion at a general meeting was not subject to the material scope of Article 2 GDPR. Furthermore, it argued, that even in case of the application of the GDPR, Article 5 hat not been violated. The DSB decided in favour of the data subject. The court did not decide on the subject matter. Instead, it repealed the contested decision and referred it back to the DSB in accordance with § 28(3) VwGVG. It concluded that the reasoning of the DSB's decision had been too superficial. According to the court, the decision showed a lack of investigation since the DSB had not even presented what type of personal data had been processed.