- Enforcing jurisdiction
- Austria · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
Court case W137 2311069-1 – Court Ruling (Austria, 2025)
Privacy enforcement record
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An Indian national's request to delete their entry from the Schengen Information System was denied by the Austrian authorities. The court ruled that the entry was lawful and could not be erased because it was tied to a valid return decision. This case illustrates the complexities of data rights when it comes to legal obligations.
What happened
The Austrian court upheld the decision to keep the Indian national's data in the Schengen Information System.
Who was affected
An Indian national who sought to have their data removed from the Schengen Information System.
What the authority found
The court ruled that the data processing was lawful and the right to erasure did not apply due to legal obligations.
Why this matters
This case shows that legal obligations can override individual data rights. It serves as a reminder for companies to understand the legal frameworks surrounding data processing.
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Source checks
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Automated check recorded — 23 March 2026.
Processing notes: articles corrected, national law identified.
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A national of India, the data subject, lodged an application for international protection with the responsible Austrian authority, the controller, which was dismissed and a return decision was issued. Consequently, the data subject’s data was entered into the Schengen Information System (SIS), a system used to track return decisions for third-country nationals unlawfully staying in the EU. The data subject remained in the Schengen area and did not leave. Furthermore, he requested that the Austrian authorities delete his SIS entry, claiming that Portugal had promised him a residence and work permit if the SIS entry was removed. The controller refused to delete the SIS record because the return decision was still valid, the data subject had not left the EU and Portugal had not officially notified Austria of any residence permit grant or consultation as required. The data subject further lodged a complaint with the Austrian Data Protection Authority (DSB) for an alleged violation in the right to erasure under Article 17 GDPR. The DSB dismissed the complaint, finding the SIS data processing lawful. Then, the data subject appealed the decision to the Federal Administrative Court (BVwG). The appeal was dismissed as unfounded. The court held that the SIS entry was lawful under the relevant legislation and there was no legal ground for deletion. Moreover, the right to erasure did not apply, because the SIS processing was required to fulfill a legal obligation under Article 6(1)(c) GDPR and was performed in the exercise of official authority under Article 6(1)(e) GDPR, falling under the exception of Article 17(3)(b) GDPR. The court also clarified that the processing also met the exception under Article 9(2)(g) GDPR for sensitive data.
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Court case W137 2311069-1 in AT
This is the only recorded case for this entity in this jurisdiction.
Details
Ruling Date
28 August 2025
Authority
DPA BVwG
About this data
Cite as: Cookie Fines. Court case W137 2311069-1 - Austria (2025). Retrieved from cookiefines.eu
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