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Court case W252 2249734-1 – Court Ruling (Austria, 2023)

Court Ruling
Datenschutzbehörde6 September 2023Austria
final
Court Ruling

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An Austrian court ruled that the data protection authority could not issue a decision based on an investigation that started without a complaint. This ruling is significant because it clarifies the limits of the authority's power in conducting investigations. Companies can feel more secure knowing that not all actions will lead to penalties without a formal complaint.

What happened

The Austrian Federal Administrative Court found that the data protection authority lacked the legal basis to issue a decision after an ex officio investigation.

Who was affected

The company involved in the investigation, which had personal data stored insecurely, was affected by the ruling.

What the authority found

The court held that the data protection authority could not act on its own without a complaint, thus overturning the previous decision.

Why this matters

This ruling highlights the importance of formal complaints in data protection cases. Companies can take comfort in knowing that not every investigation will result in penalties without a clear basis.

Recorded legal citations
Automatically processed
Art. 58 GDPR
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Art. 58(GDPR)

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National Law Articles
AI-identified
§24 DSG
Decision AuthorityBVwG
Reviewed AuthorityDSB (Austria)

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Automated check recorded — 18 March 2026.

Processing notes: national law identified, authority corrected.

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Full Legal Summary
Detailed

On 15 June 2020, a USB-stick containing a set of documents, including internal information of a company, was anonymoulsy sent to the Austrian DPA (Datenschutzbehörde - DSB) . The DPA thus started an ex officio investigation and concluded, by decision of 6 November 2021, that the controller, as head of the company, failed to meet security requirements as it saved personal data on a private and unsafe device. Upon learning about the decision, the controller appealed the latter to the Austrian Federal Administrative Court (BVwG), stating, amongst other things, that the DPA was not allowed to start such a procedure against the controller and the decision lacked a reasonable motivation. The controller also submitted that the DPA failed to take into account the fact that the USB-stick had actually been stolen by an employee of the controller. On its part, the DPA claimed that the appeal should be rejected by the Court. The Court considered the appeal to be admissible and held that it cannot be inferred from Article 58 GDPR that competent supervisory authorities may adopt declaratory statements on the unlawfulness of processing activities on the basis of an ex officio investigation. In its decision, the Court referred to the a judgment by the Supreme Administrative Court of Austria (Verwaltungsgerichtshof – VwGH) in case Ro 2020/04/0032-8, and held that Article 58 GDPR does not contain an explicit legal basis for such decisions to be issued. In particular, the Court stressed the fact that according to [https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=bundesnormen&Gesetzesnummer=10001597 Article 24 of the Austrian Data Protection Law (Datenschutzgesetz - DSG]), the DPA is only specifically allowed to issue declaratory statements on the infringement of a data protection provision on the basis of a complaint. Consequently, this is not possible in the case of an ex officio investigation by the DPA. In light of this, the Court held that the appeal should be upheld since the decision by the DPA lacked a legal basis and shall thus be repealed.

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 2249734-1 in AT

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

Details

Ruling Date

6 September 2023

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 W252 2249734-1 - Austria (2023). Retrieved from cookiefines.eu

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