BVwG - W101 2132183-1 and W101 2132039-1: Difference between revisions
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The Austrian Federal Administrative Court held | The Austrian Federal Administrative Court held | ||
a) that an (alleged) change of controllership from Google LLC to Google Ireland Limited does not have an ex-tunc effect | |||
a) that an (alleged) change of controllership from Google LLC to Google Ireland Limited does not have an ex-tunc effect - Google LLC qualifies as controller for alleged data protection violations that took place before the change of controllership | |||
and | |||
b) that Google is allowed to request a data subject exercising their right to access to log into their Google-account to authenticate the data subject and to provide access to their data using the Google account. | b) that Google is allowed to request a data subject exercising their right to access to log into their Google-account to authenticate the data subject and to provide access to their data using the Google account. | ||
== English Summary == | ==English Summary== | ||
=== Facts === | ===Facts=== | ||
On 30.20.2015, the data subject sent an access request under Article 15 GDPR to Google Inc. (now Google LLC) via registered letter, including a copy of his passport. | On 30.20.2015, the data subject sent an access request under Article 15 GDPR to Google Inc. (now Google LLC) via registered letter, including a copy of his passport. | ||
On 22.12.2015, Google Inc. replied and asked the data subject to log into his Google-Account and use special tool provdided there in order to get access to his data. For data that could not be accessed from the user's account, Google asked him to use an online form. | On 22.12.2015, Google Inc. replied and asked the data subject to log into his Google-Account and use special tool provdided there in order to get access to his data. For data that could not be accessed from the user's account, Google asked him to use an online form. | ||
On 01.02.2016, the data subject filed a complaint against Google Inc. with the Austrian Data Protection Authority (DSB) claiming a violation of his right to access under Article 15 GDPR. | On 01.02.2016, the data subject filed a complaint against Google Inc. with the Austrian Data Protection Authority (DSB) claiming a violation of his right to access under Article 15 GDPR. | ||
TBC | |||
Dispute | |||
Lorem ipsum | Lorem ipsum | ||
=== Holding === | ===Holding=== | ||
Lorem ipsum | Lorem ipsum | ||
== Comment == | ==Comment== | ||
''Share your comments here!'' | ''Share your comments here!'' | ||
== Further Resources == | ==Further Resources== | ||
''Share blogs or news articles here!'' | ''Share blogs or news articles here!'' | ||
== English Machine Translation of the Decision == | ==English Machine Translation of the Decision== | ||
The decision below is a machine translation of the German original. Please refer to the German original for more details. | The decision below is a machine translation of the German original. Please refer to the German original for more details. | ||
Revision as of 15:24, 13 October 2020
BVwG - W101 2132183-1 | |
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Court: | BVwG (Austria) |
Jurisdiction: | Austria |
Relevant Law: | Article 4(1) GDPR Article 4(7) GDPR Article 12(1) GDPR Article 12(2) GDPR Article 15(1) GDPR Article 15(3) GDPR § 24 DSG § 27 DSG § 4 DSG § 69 DSG |
Decided: | 11.09.2020 |
Published: | 29.09.2020 |
Parties: | unknown data subject Google LLC |
National Case Number/Name: | W101 2132183-1 |
European Case Law Identifier: | ECLI:AT:BVWG:2020:W101.2132183.1.00 |
Appeal from: | DSB DSB-D122.471/0007-DSB/2016 |
Appeal to: | Unknown |
Original Language(s): | German |
Original Source: | Rechtsinformationssystem des Bundes (in German) |
Initial Contributor: | Marco Blocher |
The Austrian Federal Administrative Court held
a) that an (alleged) change of controllership from Google LLC to Google Ireland Limited does not have an ex-tunc effect - Google LLC qualifies as controller for alleged data protection violations that took place before the change of controllership
and
b) that Google is allowed to request a data subject exercising their right to access to log into their Google-account to authenticate the data subject and to provide access to their data using the Google account.
English Summary
Facts
On 30.20.2015, the data subject sent an access request under Article 15 GDPR to Google Inc. (now Google LLC) via registered letter, including a copy of his passport.
On 22.12.2015, Google Inc. replied and asked the data subject to log into his Google-Account and use special tool provdided there in order to get access to his data. For data that could not be accessed from the user's account, Google asked him to use an online form.
On 01.02.2016, the data subject filed a complaint against Google Inc. with the Austrian Data Protection Authority (DSB) claiming a violation of his right to access under Article 15 GDPR.
TBC
Dispute
Lorem ipsum
Holding
Lorem ipsum
Comment
Share your comments here!
Further Resources
Share blogs or news articles here!
English Machine Translation of the Decision
The decision below is a machine translation of the German original. Please refer to the German original for more details.