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Austria: Federal Administrative Court overthrows DSB decision on right to information
On July 10, 2024, the Austrian data protection authority (DSB) published a summary of the Federal Administrative Court's (BVwG) judgment in Case No. 2021/04/0030-4 to 0031-5, of March 6, 2024, in which the BVwG determined that the right to information does not require a request from the data subject.
Background to the decision
The DSB originally rejected a complaint from an individual against a credit agency for violation of the right to information, under Article 14 of the General Data Protection Regulation (GDPR).
Findings of the BVwG
The BVwG concluded that the right to information under Article 14 of the GDPR differs from the rights under Articles 15-22 of the GDPR, in that it is not dependent on a request from the data subject. Thus, according to the BVwG, the controller's information obligation exists regardless of a prior request from the data subject.
Outcomes
In light of the above, the BVwG ordered the credit agency to provide information on the storage period in accordance with Article 15 of the GDPR and found that the credit agency failed to comply with its obligation to provide information in accordance with Article14(1)(e) of the GDPR.
You can read a summary of the decision, only available in German, here.
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