Court case W252 2248013-1 – Court Ruling (Austria, 2023)

Court Ruling
Datenschutzbehörde26 January 2023Austria
final
Court Ruling

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 court ruled that a son cannot access his deceased father's bank data under GDPR. The court decided that data protection rights are personal and cannot be inherited. This case highlights that GDPR rights do not extend to deceased individuals.

What happened

A son tried to access his deceased father's bank data but was denied under GDPR.

Who was affected

The son of a deceased individual who wanted to access his father's bank information.

What the authority found

The court ruled that GDPR rights are personal and cannot be inherited, so the son had no right to access his father's data.

Why this matters

This ruling clarifies that GDPR rights are strictly personal and do not apply to deceased individuals, which is important for anyone dealing with data requests involving deceased persons.

GDPR Articles Cited

Art. 15 GDPR
Decision AuthorityBVwG
Reviewed AuthorityDSB (Austria)
Full Legal Summary
Detailed

In this case an individual was seeking to exercise data subject rights on behalf of his deceased father, against a bank (the controller). The individual in question had submitted an access request to the bank and subsequently made a complaint, dated 1 October 2018, alleging that the information he received from the controller was incomplete. In particular, he asserted that his father’s bank details were not included, even though he had inherited the data subject rights of his father. On 19 August 2021 the DPA rejected the complaint, the individual subsequently appealed this decision to the Federal Administrative Court (BVwG), on 24 September 2021. The BVwG dismissed the appeal in its entirety. In doing so, the Court referred to Recital 27 which clarifies that “this regulation does not apply to the personal data of deceased persons”. Furthermore, the court outlined that “an assertion of the right to information (right to access) under Article 15 GDPR on behalf of the father through his son as heir, is out of the question…. The fundamental right to data protection or the right to information is a highly personal right that only the data subject can exercise themselves… Accordingly, highly personal rights cannot be inherited”. Accordingly, the data subject had no right to access this data under Article 15 GDPR.

Outcome

Court Ruling

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

Related Cases (0)

No other cases found for Court case W252 2248013-1 in AT

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

Details

Ruling Date

26 January 2023

Authority

Datenschutzbehörde

About this data

Data: GDPRhub (noyb.eu)
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Cite as: Cookie Fines. Court case W252 2248013-1 - Austria (2023). Retrieved from cookiefines.eu

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