BVwG - W101 2132183-1 and W101 2132039-1

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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

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Holding

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Comment

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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.