Cell phone data not "personal"? noyb appeals to federal administrative court
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Data protection authority finds traffic and location data from cell phones not "personal" - noyb appeals to federal administrative court In June 2020, noyb had filed a formal complaint against the Austrian mobile provider A1. The reason: A1 had persistently refused to disclose location data and certain traffic data to a customer, citing the outdated ruling practice of the data protection authority prior to the applicability of the GDPR (25.05.2018). The argument: the data on a cell phone would not be "personal" because someone other than the owner of the cell phone could have used the device. In mid-October, the Austrian data protection authority (DSB) issued a decision stating that A1 had been justified in refusing to provide the information and that there was no reason to deviate from the previous decision. The decision, which is only superficially substantiated, is not legally binding - noyb has now filed a notice of appeal with the Federal Administrative Court, which will now revie