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Court case W176 2247074-1 – Court Ruling (Austria, 2022)

Court Ruling
Datenschutzbehörde21 December 2022Austria
final
Court Ruling

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An Austrian court ruled on a case involving a creditworthiness assessment company that refused to delete a person's negative credit information after bankruptcy. The court found that the company did not breach data protection rights. This ruling clarifies the balance between data retention and individuals' rights.

What happened

The court upheld a company's decision to retain negative credit data despite a request for deletion.

Who was affected

An individual whose creditworthiness was assessed and who sought to have negative entries removed.

What the authority found

The Austrian court ruled that the company did not violate the individual's data protection rights.

Why this matters

This case highlights the complexities of data retention laws and individual rights. It emphasizes the need for clear guidelines on how long personal data can be kept, especially in financial contexts.

Recorded legal citations
Automatically processed
Art. 5 GDPR
Art. 16 GDPR
Art. 17 GDPR
Art. 18 GDPR
Art. 21 GDPR
Art. 6(1)(f) GDPR
View original scraped data
Art. 5(GDPR)
Art. 6(1)(f) GDPR
Art. 16(GDPR)
Art. 17(GDPR)
Art. 18(GDPR)
Art. 21(GDPR)

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

National Law Articles
AI-identified
§ 152 GewO
Decision AuthorityBVwG
Reviewed AuthorityDSB (Austria)

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Linked-source text retrieved.

Automated check recorded — 21 March 2026.

Processing notes: articles corrected, national law identified, authority corrected.

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Full Legal Summary
Detailed

The controller's business was the assessment of individuals' creditworthiness. For this purpose, the controller stored personal data in a database. One of these individuals was the data subject. In addition to the data subject's personal and address data, the controller saved a note about the data subject's bankruptcy proceedings in its database. Based on the outcome of such proceedings, the data subject's bankruptcy payments had to be concluded by 2018. In 2019, the data subject requested the controller to delete all negative entries related to his the creditworthiness. The controller rejected the request. Subsequently, data subject lodged a complaint in 2020 which, essentially, focused on the (i) rights to rectification (Article 16 GDPR), (ii) right to erasure (Article 17 GDPR), (iii) right to restriction of processing (Article 18 GDPR), and (iv) right to object to processing (Article 21 GDPR). All rights used by the data subject served the overarching goal of stopping or limiting the controller's processing. Moreover, the data subject argued that after three years of the conclusion of bankruptcy proceedings and after the related payments had ended, credit assessment companies have to delete an affected data subject's personal data. (It was unclear on what basis the data subject came up with the time span of three years.) The controller responded that the right to data protection had not been breached. In regards to (i) the rectification request, the controller reasoned that as interests of the parties would have to be balanced, a three year retention period could not simply be assumed. In regards to (ii) the right to erasure, the controller based the legitimacy of its processes on the sanctioning of the process through Austrian national law, namely, [https://www.ris.bka.gv.at/Dokument.wxe?Abfrage=Bundesnormen&Dokumentnummer=NOR40032660 § 152 GewO], which regulates the disclosure of information by credit ranking agencies, and [https://www.ris.bka.gv.at/eli/rgbl/

Outcome

Court Ruling

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

Related Cases (0)

No other cases found for Court case W176 2247074-1 in AT

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

Details

Ruling Date

21 December 2022

Authority

Datenschutzbehörde

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Court case W176 2247074-1 - Austria (2022). Retrieved from cookiefines.eu

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