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Data subject versus Credit Agency – Court Ruling (Austria, 2025)

Court Ruling
DPA BVwG28 May 2025Austria
final
Court Ruling

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A court in Austria ruled that a credit information company did not provide enough information to a person who requested access to their personal data. This case highlights the importance of transparency in how companies handle personal information. Companies must ensure they clearly explain how they use personal data.

What happened

The court found that the credit information company failed to provide specific information about the purposes of processing personal data.

Who was affected

The person who requested access to their personal data from the credit information company.

What the authority found

The court ruled that the company violated GDPR by not giving clear information about how personal data was used.

Why this matters

This ruling emphasizes that companies must be transparent about their data processing activities. It serves as a reminder for businesses to provide clear and specific information to users about how their data is handled.

Recorded legal citations
Automatically processed
Art. 15 GDPR
Art. 22 GDPR
View original scraped data
Art. 15(GDPR)
Art. 22(GDPR)

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

Decision AuthorityBVwG

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Full Legal Summary
Detailed

In October 2018, a data subject requested access under Article 15 GDPR from a credit information company (the controller, later merged into another entity). The controller provided a three-page response, listing basic personal data, addresses, financial details, and references to sources. It also denied conducting automated decision-making within the meaning of Article 22 GDPR. The data subject lodged a complaint with the DPA in December 2018, claiming the access was incomplete and failed to explain how data were linked to processing purposes, recipients, or legal bases. They also argued that automated decision-making and profiling (credit scoring) were taking place, contrary to the controller’s denial. The DPA failed to decide within the statutory time limit, leading the data subject to file an inactivity complaint. The case was then transferred to the Federal Administrative Court (BVwG). The Court stayed proceedings until the CJEU issued its preliminary ruling in case C-203/22 (Dun & Bradstreet). Following the preliminary ruling, the controller argued that it provided sufficient information to the data subject, as the CJEU had concluded that a controller did not need to provide a mathematical formula (algorithm) or a detailed description of each step of the automated decision-making process. In the case that the Court concluded it needed to provide further information, the controller argued that this would involve disclosing trade secrets. The Court partly upheld the complaint. It found that the controller had violated Article 15(1)(a) GDPR by failing to provide sufficiently specific information about the purposes of processing. According to the Court, the controller had provided information on the purposes that was too vague. Specifically, statements such as “improving user-friendliness” or “marketing purposes” did not meet the requirements under Article 15, 5(1)(b) or Article 12(1) GDPR. The Court stated that the controller had not clarified what data was us

Outcome

Court Ruling

A ruling by a national court on a data-protection matter.

Related Cases (0)

No other cases found for Data subject versus Credit Agency in AT

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

Details

Ruling Date

28 May 2025

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. Data subject versus Credit Agency - Austria (2025). Retrieved from cookiefines.eu

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