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Court case W256 2279237-1/6E – Court Ruling (Austria, 2025)

Court Ruling
Datenschutzbehörde6 August 2025Austria
final
Court Ruling

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An Austrian court ruled that a person's complaint about not receiving complete information about their data access was dismissed because the person had passed away. The court decided that data protection rights end with a person's death and cannot be transferred to others. This ruling highlights the importance of personal status in data protection cases.

What happened

The court annulled a decision requiring a company to provide data access information after the data subject died.

Who was affected

The individual who filed the complaint about their data access rights.

What the authority found

The court ruled that the data subject lost their rights upon death, meaning the company was not required to provide the requested information.

Why this matters

This case shows that data protection rights are personal and do not extend beyond a person's life. Website operators should be aware that data access requests may become void if the requester passes away.

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

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

National Law Articles
AI-identified
§133 B-VG
§9 AVG
Decision AuthorityBVwG
Reviewed AuthorityDSB (Austria)

Source checks

Linked-source text retrieved.

Automated check recorded — 20 March 2026.

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

Retrieved text may be a secondary summary or an announcement. These automated statuses do not establish that the original decision was read or that the record received an independent legal review. How we check sources

Full Legal Summary
Detailed

The data subject filed a complaint with the Austrian DPA on March 16, 2022. alleging that the controller violated his right to access under Article 15 GDPR by providing incomplete details about the specific recipients of their data or the reason why the disclosure of the specific recipients was not possible pursuant to Article 15(1)(c) GDPR., and by failing to provide a copy of the data or offering inadequate justification as to why issuing a copy was not possible under Article 15(3) GDPR. The authority upheld the complaint and ordered the controller to provide the requested information within four weeks or to adequately justify why this could not be done. The controller requested a suspension of the proceedings pending the outcome of another decision, but this request was rejected. The controller appealed the DPA’s decision. Meanwhile, the data subject has passed away. The Court upheld the appeal and annulled the contested decision because the data subject, a natural person, lost his party status in the proceedings upon his death. Since data protection rights are highly personal and extinguish upon the death of the data subject, they cannot be transferred to any legal successor, in accordance with the [https://www.ris.bka.gv.at/Dokument.wxe?ResultFunctionToken=ba0008f7-3b36-4f83-83ee-7878707b664e&SkipToDocumentPage=True&Abfrage=Vwgh&Entscheidungsart=Undefined&Sammlungsnummer=&Index=&SucheNachRechtssatz=False&SucheNachText=True&GZ=Ra+2016%2f04%2f0044&VonDatum=&BisDatum=29.09.2025&Norm=&ImRisSeitVonDatum=&ImRisSeitBisDatum=&ImRisSeit=Undefined&ResultPageSize=100&Suchworte=&Dokumentnummer=JWT_2016040044_20160418L00 case law of the VwGH]. The extent of a person’s participation in an administrative procedure depends not only on their status as a party but also on their party capacity, that is, their ability to hold procedural rights and obligations. If the party who initiated the proceedings before the administrative authority dies, the contested decision must be te

Outcome

Court Ruling

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

Related Cases (0)

No other cases found for Court case W256 2279237-1/6E in AT

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

Details

Ruling Date

6 August 2025

Authority

Datenschutzbehörde

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
Automatically normalized and classified

Cite as: Cookie Fines. Court case W256 2279237-1/6E - Austria (2025). Retrieved from cookiefines.eu

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