On July 8, 2024, the Federal Administrative Court issued its decision no. W137 2278780-1/4E in which it upheld the decision of the Austrian data protection authority (DSB) regarding the restriction of the right to access during ongoing court proceedings under the General Data Protection Regulation (GDPR).

Background to the decision

The Court noted that the complainant filed a complaint against an education directorate for an organization for violating the right to access in accordance with Article 15(3) of the GDPR by providing incomplete information. The disclosure was restricted with regard to data whose transmission would interfere with the rights and freedoms of other persons or that would lead to an obstruction of the administrative procedure as there were two labor and social court proceedings pending against the complainant. The DSB found no indication that the information provided was incomplete. The complainant subsequently filed an appeal with the Court.

Findings of the Court

The Court held that there was a legitimate interest in confidentiality which would outweigh the complainant's interest in receiving information. In addition, the complainant was provided with extensive data, a total of 187 documents concerning the complainant, among others. The refusal to provide information was limited to email histories and statements. 

Outcomes

In light of the above, the Court dismissed the appeal and upheld the DSB's decision. 

You can read the decision, only available in German, here.