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Arbeitsmarktservice – Court Ruling (Austria, 2023)

Court Ruling
DPA BVwG27 November 2023Austria
final
Court Ruling

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The Austrian Supreme Administrative Court ruled that the Arbeitsmarktservice must proceed with a complaint regarding a gender change request. The court found that the agency's refusal to update the gender in their database was unlawful. This ruling reinforces the need for public services to adapt their systems to accommodate diverse gender identities.

What happened

The Austrian Supreme Administrative Court ordered the Arbeitsmarktservice to continue processing a complaint about changing a person's gender in their database.

Who was affected

A person who requested a change of gender in the Arbeitsmarktservice database following a civil registry change.

What the authority found

The court ruled that the Arbeitsmarktservice's suspension of the complaint process was unlawful and must be addressed.

Why this matters

This decision sets a precedent for how public services handle gender identity changes, urging them to update their systems to be inclusive.

Recorded legal citations
Automatically processed
Art. 16 GDPR
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Art. 16(GDPR)

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

National Law Articles
AI-identified
§ 25 AMSG
§ 38 AVG
Decision AuthorityVwGH
Reviewed AuthorityBVwG (Austria)

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

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Full Legal Summary
Detailed

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

Ruling Date

27 November 2023

Authority

DPA BVwG

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Arbeitsmarktservice - Austria (2023). Retrieved from cookiefines.eu

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