Skip to content
News
EN

Austrian data protection authority slammed by CJEU

noyb - European Center for Digital Rights

Content

In the judgment C-416/23, the Austrian Data Protection Authority (DSB) received a slap in the face from the CJEU. The authority has โ€“ arbitrarily โ€“ set the number of complaints that data subjects can file at a maximum of two per month, even if one is affected by GDPR violations almost daily. The CJEU has now made it clear: as long as you do not file abusive complaints, all users have the right to have any GDPR violation remedied by the DSB. Unfortunately, DPAs trying to get rid of complaints isn't just an Austrian problem. Our figures show an EU-wide problem with DPA inactivity. CJEU judgment in case C-416/23Dismissing and discontinuing en masse. For years, the DSB has developed various โ€˜techniquesโ€™ to discontinue proceedings against companies as much as possible. For example, data subjects are often threatened with the discontinuation of proceedings after each statement made by a company, if they do not object within two weeks. The DSB also discontinues proceedings on a large scale if