Court case W292 2267784-1 – 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.
An Austrian court case involved a complaint about how a data subject's case was handled by the Irish Data Protection Commission. The court found that the communication from the Austrian Data Protection Authority did not constitute a final decision, meaning the case is still ongoing. This matters because it highlights the complexities of cross-border data protection cases under GDPR.
What happened
A data subject challenged the handling of their complaint by the Austrian Data Protection Authority and the Irish Data Protection Commission.
Who was affected
The individual who filed the complaint regarding their data protection rights.
What the authority found
The court determined that the communication from the Austrian Data Protection Authority did not represent a final decision, leaving the case unresolved.
Why this matters
This case illustrates the challenges individuals face in navigating cross-border data protection issues. It serves as a reminder for companies to ensure clear communication and resolution processes for complaints.
GDPR Articles Cited
View original scraped data
Original data from scraper before AI verification against source document.
In May 2018, a data subject, respresented by noyb - European Centre for Digital Rights, filed a complaint with the Austrian DPA. The latter referred the case to the Irish DPC as lead supervisory authority under Article 56 GDPR and a cooperation procedure under Article 60 GDPR was initiated. On 11 January 2023, the DSB transmitted to the data subject the final decision by the DPC in accordance with Article 60(7) GDPR and informed her that the EDPB’s binding decision under Article 65(1)(a) GDPR would be published thereafter. Two days later, on 13 January 2023, the DSB transmitted the binding decision of the EDPB of 5 December 2022 to the data subject. The DSB informed the data subject that the parts of the original complaint that were not addressed by the DPC's decision are still pending before the DPC. On 7 February 2023, the data subject filed an appeal with the BVwG, claiming that the transmission of the DPC’s decision by the DSB should be considered a partially dismissing or rejection decision within the meaning of Article 60(9) GDPR. Since the DPC and the EDPB failed to address some of the points raised in the complaint, the communications of the DSB, together with the decision of the DPC could not be interpreted as a positive decision in accordance with Article 60(7). In the complainant's view, the communication by the DSB therefore constitutes an official decisions within the meaning of [https://ris.bka.gv.at/NormDokument.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10005768&FassungVom=2019-05-09&Artikel=&Paragraf=58&Anlage=&Uebergangsrecht= section 58 et seqq. of the Austrian General Law on Administrative Procedures (Allgemeines Verwaltungsverfahrensgesetz, AVG)]. In its submissions, the DSB argued that Article 60(7) GDPR applied in this case and the DPC would still be handling the case. The BVwG first of all assessed whether the pronouncement of the DSB constituted a decision within the meaning of [https://ris.bka.gv.at/NormDokument.wxe?Abfrage=Bundesnormen&Ge
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Court case W292 2267784-1 in AT
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Court case W292 2267784-1 - Austria (2023). Retrieved from cookiefines.eu
Last updated: