Arbeitsmarktservice – Court Ruling (Austria, 2023)
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.
Austria's Federal Administrative Court ruled that Arbeitsmarktservice must update a person's gender in its database after a legal change. This matters because it highlights the importance of accurately reflecting personal information in public records. Companies should ensure their systems can accommodate diverse gender identities.
What happened
The court decided that Arbeitsmarktservice must change a person's gender from 'male' to 'divers' in its database.
Who was affected
The ruling affects a person whose gender was legally changed in the civil registry and who requested the update.
What the authority found
The court found that the suspension of the data protection authority's proceedings was unlawful and ordered further investigation.
Why this matters
This decision emphasizes that public services must adapt to legal changes regarding gender identity. Companies should review their data management practices to comply with evolving legal standards.
GDPR Articles Cited
National Law Articles
A data subject requested the controller - Arbeitsmarktservice (the public employment service) - to change their gender in the database from "male" to "divers" following a court decision, that changed the subject's gender in the civil registry. The subject submitted an official document proving the change in the civil register. On 15 March, the controller replied that it could not do so, as the software in place does not permit other genders than "male" and "female". The subject then raised a complain to the Datenschutzbehörde, the Austrian data protection authority. The DSB suspended the proceedings on the basis of Article 38 of the General Administrative Procedures Act (AVG) until the CJEU delivers its judgement on the preliminary questions in case C-247/23. The data subject and complainant appealed this decision to the Bundesverwaltungsgericht (Federal Administrative Court) which held that the suspension was unlawful and ordered the DSB to proceed the investigations. The DSB appealed this decision to the Supreme Administrative Court. The Supreme Administrative Court ruled that the Federal Administrative Court decided correctly and rejected the complain.
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Arbeitsmarktservice in AT
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Arbeitsmarktservice - Austria (2023). Retrieved from cookiefines.eu
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