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

Court Ruling
Datenschutzbehörde26 January 2023Austria
final
Court Ruling

Privacy enforcement record

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A court in Austria ruled that a person could not access their deceased father's bank information because data protection rights cannot be inherited. The court found that only the individual whose data it is can exercise these rights. This ruling clarifies the limits of data access rights under GDPR.

What happened

The Austrian court dismissed an appeal for access to a deceased person's bank details, stating such rights cannot be inherited.

Who was affected

An individual seeking access to their deceased father's bank information.

What the authority found

The court held that the right to access personal data is a personal right that cannot be transferred after death.

Why this matters

This ruling clarifies that data protection rights are personal and do not extend to heirs. It highlights the need for individuals to understand the limits of their rights regarding deceased relatives' information.

Recorded legal citations
Automatically processed
Art. 15 GDPR
View original scraped data
Art. 15(GDPR)

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

Decision AuthorityBVwG
Reviewed AuthorityDSB (Austria)

Source checks

Linked-source text retrieved.

Automated check recorded — 20 March 2026.

Processing notes: national law identified, authority corrected.

Retrieved text may be a secondary summary or an announcement. These automated statuses do not establish that the original decision was read or that the record received an independent legal review. How we check sources

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)
Licensed under CC BY-NC-SA 4.0
Automatically normalized and classified

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

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