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Case Law

Court decisions and jurisprudence from EU and national courts

Court: Federal Administrative Court (21) Clear filter
Federal Administrative Court 21
W274 2320278-1 Austrian Federal Administrative Court: address publisher's data transfer and Article 15 An address publishing service and direct marketing company (the controller) sent the address data of a data subject to clients as part of its business activities. The clients are… Personal Data Right to Restriction Sep 14, 2026
W256 2337399-1 BVwG reduces DPA fine for undisclosed call recording from €25,500 to €22,000 A marketing company (controller) that specialises in recruiting personnel for third companies was fined by the DPA for recording telephone interviews with potential customers… Federal Administrative Court Supervisory Authorities Integrity and Confidentiality Principle Sep 3, 2026
W137 2334047-1 The data subject did not pay for items ordered and collected from a pharmacy (controller) After several reminders, the controller commissioned a debt collection agency, which pointed to several enforcement proceedings against the data subject. The controller then… BVwG - W137 2334047-1 ·Federal Administrative Court Legitimate Interest Retention Period Aug 3, 2026
W605 2289290-2/18E The data subject received social benefits from a public authority (controller) because of their unemployment The controller has established an investigation unit that investigates undeclared workers and people who refuse to work but receive benefits. Employees from that investigation… BVwG - W605 2289290-2/18E ·Federal Administrative Court Right of Access Personal Data Jul 14, 2026
W298 2314952-1 The data subject was a policeman who was subject to disciplinary measures He filed a complaint concerning those disciplinary measures. The decision concerning the complaint was published on an official website of the Federal Chancellery of Austria that… BVwG - W298 2314952-1 ·Federal Administrative Court Anonymization Personal Data Jul 13, 2026
W137 2333649-1 Federal Administrative Court: retention of job applicant data for potential legal claims The data subject applied for a job with the association and provided additional documents, regarding the use of their personal data. Among other things, it was stated that the… Storage Limitation Retention Period Jul 8, 2026
W137 2327171-1 Austrian FAC rules on publishing full court judgment naming witness on social media The controller, an assistant professor at a private university (the appellant), was engaged in an employment dispute with her university employer before a labour and social court.… Federal Administrative Court Legitimate Interest Retention Period Jul 8, 2026
W292 2292202-1 The data subject is in the military The unit he is employed at (controller) and the data subject are involved in a multitude of legal disputes concerning his employment, disciplinary proceedings, data protection… BVwG - W292 2292202-1 ·Federal Administrative Court Health Data Legitimate Interest Jun 30, 2026
W292 2298015-1 The data subject was a customer of a bank (controller) The data subject withdrew their consent to the processing of their e-mail address and phone number by the controller, and requested the deletion thereof. The data was not deleted.… BVwG - W292 2298015-1 ·Federal Administrative Court Legitimate Interest Personal Data Jun 10, 2026
W254 2321912-1 Austrian court: university may refuse GDPR rectification of student's chosen name without The data subject, an Austrian citizen residing in Vienna, was enrolled in a distance-learning programme at a German university (the controller). When the data subject enrolled,… Federal Administrative Court Personal Data Right to Restriction Apr 14, 2026
W292 2342582-1/13E BVwG: Data protection complaint by litigation-funded enforcement association inadmissible A data subject hired an association whose business model is to automatically search for possible data protection violations and filing complaints or lawsuits on behalf of data… Federal Administrative Court Supervision Personal Data Jan 7, 2026
W254 2253353-1 On 7 April 2021, the data subject requested access to their data under Article 15 GDPR The controller replied on 12 April 2021 and provided further information on 27 May 2021 after the data subject made a further enquiry. As the controller's privacy policy listed… BVwG - W254 2253353-1 ·Federal Administrative Court Profiling Automated Decision-Making Nov 17, 2025
W254 2253351-1 The data subject requested access under Article 15 GDPR from the controller (a credit information agency) The controller provided the personal data it held, including the data subject's name, date of birth, address and business role, as well as information about the sources of those… BVwG - W254 2253351-1 ·Federal Administrative Court Right of Access Personal Data Nov 14, 2025
W291 2298748-1 Art. 16 GDPR requires formal rectification request; vague tweet does not suffice A data subject wished to be addressed in a gender-neutral way and claimed they were misgendered by two companies (the controllers) in profile settings, tickets, and train… Federal Administrative Court Right to Rectification Personal Data Oct 31, 2025
W258 2227269-1/39E Austrian court reviews postal service selling political affinity data of customers On the 8 January 2019, the Austrian DPA (Datenschutzbehörde – DSB) launched an investigation into the actions of the Austrian postal service as it also had a business license for… Federal Administrative Court Marketing Personal Data Dec 27, 2024
W 108 2284491-1 The data subject visited a website operated by a media company (the controller) Upon opening the website a cookie banner showed up. This cookie banner was designed in such a way that a reject button was “hidden” in a second layer. The cookie banner’s first… BVwG - W 108 2284491-1 ·Federal Administrative Court Direct Marketing Consent Jul 31, 2024
W211 2281442-1 The data subject and the controller both worked as nurses at the same hospital, on different wards Over ten years before the events in question, the data subject had been hospitalised as a patient on the ward where the controller worked as a nurse. The controller's daughter, a… BVwG - W211 2281442-1 ·Federal Administrative Court Professional Secrecy Personal Data Jun 12, 2024
W252 2247042-1 Austrian Fed Admin Court: AMS access response omitted 2018 family doctor call note The controller, an Public Employment Service Austria, processed the personal data of the data subject in connection with his file. On 21 February 2019, 15 March 2019 and 25… Federal Administrative Court Right of Access Personal Data Jan 22, 2024
W256 2227693-1 Austrian FAC: DPA rightly found loyalty program consent for profiling invalid under GDPR On 05.09.2019, the Austrian DPA (DSB) notified the controller of a customer loyalty program that they were initiating an ex officio investigation. The controller responded by… Federal Administrative Court Marketing Profiling Sep 28, 2023
W292 2270002-1 BVwG: Separate WhatsApp and email transmissions of same judgment are distinct data On 4 October 2020, the controller sent a non-anonymised court judgement of the Regional Criminal Court (Landesgericht für Strafsachen) as a PDF file to a different recipient via… Federal Administrative Court Legitimate Interest Recipient Jul 27, 2023
W 254 2323066 – 1/14E Access request must be identifiable as Art. 15 GDPR request, not just inquiry The data subject participated in an integration course and was excluded from the course for disciplinary reasons. As a reaction, he addressed a letter to the organisation… Federal Administrative Court Personal Data Right of Access Feb 7, 26