- Enforcing jurisdiction
- Austria · Geography does not establish applicable law.
- Confirmed applicable legislation
- No confirmed legal basis recorded.
- Privacy topics
Arbeitsmarktservice – Court Ruling (Austria, 2023)
Privacy enforcement record
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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.
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Automated check recorded — 18 March 2026.
Processing notes: articles corrected, national law identified, authority corrected.
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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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