BVwG - W101 2132183-1 and W101 2132039-1
| BVwG - W101 2132183-1 | |
|---|---|
 | |
| 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.
