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trends and can be found on dsb.gv.at. DSB - Annual Report 2022, Page 8 - https://www.dsb.gv.at/dam/jcr:ee7b155a-0a1f-4d00-98e9-902314c7022d/Datenschutzbericht%202022

428451, 25 November 2020, (available here). Datenschutzbehörde, DSB-D124.1177/0006-DSB/2019, 22 January 2021 (available here). Integritetsskyddsmyndigheten

specifying the facts and legal considerations for, e.g., rejecting the complaint or dismissing the complaint, i.e., not investigating it further, with a view

Article 14(1)(d) GDPR. Similar to the ex-ante information in Article 13(1)(e) and 14(1)(e) GDPR, Article 15(1)(c) GDPR requires the controller to disclose information

LLC, the DSB held that Chapter V. of the GPPR only imposes legal duties on the data exporter but not on the data recipient. Consequently, the DSB dismissed

(Rhineland-Palatinate) ULD (Schleswig-Holstein) Datenschutzzentrum (Saarland) DSB (Saxony) LfD (Saxony-Anhalt) TLfDI (Thuringia) You can help us fill this section

Direct marketing and data broking On 23 October 2019, GZ: DSB-D550.148/0017-DSB/2019, the DSB imposed a fine of € 18,000,000.00 on Österreichische Post

alone, but always in the context of their processing, i.e. as part of a whole document (such as an e-mail) or an extract from a database that goes beyond

Business number DSB-D124.1177 / 0006-DSB / 2019 Appeal at the BVwG / VwGH / VfGH This decision is final. text GZ: DSB-D124.1177 / 0006-DSB / 2019 of January

Authority (Datenschutzbehörde - DSB) started an ex-officio investigation against the Austrian Postal Service. The DSB investigated i.a the records of processing

(effective November 1, 2017). 1.7. On May 13, 2019, the BF sent the following e-mail to the MP with the subject “Business suspended, data protection”: "Dear

Subsequently, the data subject filed a complaint before the Austrian DPA (DSB). The DSB decided that the right to be forgotten was not infringed and rejected

the Austrian DPA (Datenschutzbehörde, DSB) claiming a violation of his right to access under Article 15 GDPR. The DSB partially upheld the complaint of the

number W245 2252208-1/36E W245 2252221-1/30E Written copy of the verbal decision announced on March 31, 2023 I M N A M E N D E R E P U B L I K ! The Federal

2019 Case number DSB-D130.073/0008-DSB/2019 Contestation before the BVwG/VwGH/VfGH This decision is final. Text GZ: DSB-D130.073/0008-DSB/2019 of 9.10.2019

judgments. in line with the DSB's stRsp on physician evaluation platforms (cf. the decision of 15 January 2019, GZ DSB-D123. 527/0004-DSB/2018 mwN), it was also

Identifier (ECLI) ECLI:AT:DSB:2019:DSB.D122.970.0004.DSB.2019 Last updated on 09.01.2020 Document number DSBT_20191108_DSB_E122_970_0004_DSB_2019_00 To the top

Identifier (ECLI) ECLI:AT:DSB:2019:DSB.D123.768.0004.DSB.2019 Last updated on 17.03.2020 Document number DSBT_20191218_DSB_D123_768_0004_DSB_2019_00

until the end of the proceedings before the DSB also applies on violations of Article 13 (and 14) GDPR. The DSB held that § 24(6) DSG also applies on violations

details. DSB-D122.844/0006-DSB/2018 dated 21.6.2018 Note Processor: Names and companies, legal forms and product names, addresses (incl. URLs, IP and e-mail

that is easily accessible to the data subject, e.g. as a complete information sheet in a central location (e.g. information desk, reception or checkout) or

2020 (case number: DSB-D205.023) [Note processor: names and companies, legal forms and product names, addresses (incl. URLs, IP and e-mail addresses), file

2020 (case number: DSB-D550.279) [Note processor: names and companies, legal forms and product names, addresses (incl. URLs, IP and e-mail addresses), file

(procedure number: DSB-D124.3158) [Editor's note: Names and companies, legal forms and product names, addresses (incl. URLs, IP and e-mail addresses), file

(procedure number: DSB-D124.2399) [Editor's note: Names and companies, legal forms and product names, addresses (incl. URLs, IP and e-mail addresses), file

The DSB fined a betting store € 5.280 for video surveillance (CCTV) that was recording a wide area in front of the location, without protocols of the usage

the DSB if these rights are violated. The DSB further held that the procedural provisions of the DSG - which deal with the procedure before the DSB - also

its application: "In its decision of 26 January 2018 (ref. no.: DSB-D122.756/0005-DSB/2017), the data protection authority found (amended by the decision

had been withdrawn. European Case Law Identifier ECLI: AT: DSB: 2019: DSB.D123.921.0005.DSB.2019

interpreting the right to secrecy (cf. the decision of the DSB of October 31, 2018, GZ DSB-D123.076/0003-DSB/2018). According to Section 1 (1) DSG, everyone has

provide certain information (i.e name, phone number, e-mail address and table number) on customers to the local authorities. The DSB acknowledged that the collection

(procedure number: DSB-D124.2138) Note Processor: Names and companies, legal forms and product names, addresses (including URLs, IP and e-mail addresses)

Austrian Data Protection Authority (DSB) imposed a fine of only EUR 150 under Article 83(5)(a) GDPR. It must be noted that the DSB did not apply § 12 and § 13

subject lodged a complaint with the Austrian DPA (Datenschutzbehörde - DSB). The DSB rejected the complaint and the data subject filed an appeal with the

the decision of the DSB of August 13, 2018, only if the two requirements of Section 9 (1) DSG are met. GZ: DSB-D123.077 / 0003-DSB / 2018). In all other

2022 (case number: DSB-D179.309) [Editor's note: Names and companies, legal forms and product names, addresses (including URLs, IP and e-mail addresses),

Administrative Court (BVwG) remitted a case to the Austrian DPA (DSB) because the DSB had failed to establish the facts of the case properly and merely

codes had been approved by the DSB under Article 40(5) GDPR. Inverstigations by the DSB showed that: The holder of the DSB-approval for code S*** explicitly

always decide on the admissibility of evidence (DSB, recommendation of 03/02/2017, GZ: DSB-D213.453/0003-DSB/2016, RIS, also relating to § 50a DSG 2000 and

2022 (case number: DSB-D124.4108) [Editor's note: Names and companies, legal forms and product names, addresses (including URLs, IP and e-mail addresses)

of proceedings: DSB-D122.871) Note Processor: Names and companies, legal forms and product names, addresses (including URLs, IP and e-mail addresses),

|DPA_Abbrevation=DSB |DPA_With_Country=DSB (Austria) <!--Information about the decision--> |Case_Number_Name=DSB-D122.844/0006-DSB/2018 |ECLI=ECLI:AT:DSB:2018:DSB

|DPA_Abbrevation=DSB |DPA_With_Country=DSB (Austria) <!--Information about the decision--> |Case_Number_Name=DSB-D122.844/0006-DSB/2018 |ECLI=ECLI:AT:DSB:2018:DSB

.. ] "). In contrast to Art 15 GDPR, Art 13 Paragraph 1 lit e and Art 14 Paragraph 1 lit e GDPR does not state the data subject's right to information

"affinity for a political party", the DSB imposed a 18 Mio Euro fine on the Austrian Postal Service. In detail, the DSB held the Austrian Postal Service responsible

account for authentication. On 15.06.2016, that DSB issued its decision that consisted of three rulings: I) The DSB held, that Google Inc. violated Article 15

since the settlement, as set out in the decision of 7 December 2018 DSB-D123.193/0003-DSB/2018. The BF then states that if the authority then refers to the

Federal Administrative Court denies legal aid for an appeal from the DSB (Austria) over the right to access Article 15 GDPR. A citizen requested a copy

time of receipt and for legal cases received by post or other physical means (e.g. by messenger) on the time of actual receipt at the office and, if necessary

and 22.07.2013 (Supplement ./X), E-Mail dated 02.08.2012 (Supplement .N), E-Mail dated 25.06.2014 (Supplement ./2), E-Mail dated 13.06.2011 (Supplement

processing of location data. The Data protection authority (the DSB) issued guidelines here. The DSB explained the existing legal basis for the collection and

data subject filed a complaint with the DSB claiming a violation of his right to access under Article 15 GDPR. The DSB partially upheld the complaint of the

2020, Art. 32 GDPR marginal 40; Notification of the Austrian DSB, Az. D213.692 / 0001-DSB / 2018 from November 16, 2018, 3.2., Available at https://www

violation of the GDPR. The complaint, originally filed with the Austrian DPA (DSB), advanced a number of grounds upon which the consent of the data subject

Digital Rights) filed a complaint with the Austrian DPA (DSB) against the controller and asked the DSB to order the controller to stop all processing operations

96(3) TKG. Spam Emails are regulated in § 107(3) TKG. The Datenschutzbehörde (DSB) is the national data protection authority for Austria. It has replace the

from the e-card using the e-card system (paragraphs 31 a, ff ASVG) or 2. Using an E-ID (§ 2 Z 10 E-GovG) or2. Using an E-ID (Section 2, Number 10, E-GovG)

maintained video records for 48 hours. In response to the Austrian DPA's (DSB) investigation, the controller noted that preventing pupils from being endangered

(case number: DSB-D124.1413/22) [Editor's note: Names and companies, legal forms and product names, addresses (including URLs, IP and e-mail addresses)

"reception theory" for example the decision of the DSB of February 22, 2019, GZ: DSB-D124.098/0002-DSB/2019, available in the RIS) . the Respondent received

2020 (case number: DSB-D124.909) [Note processor: Names and companies, legal forms and product names, addresses (incl. URLs, IP and e-mail addresses), file

In particular, consent shall be specific to every “processing operation” (i.e. the purpose of the processing). When there are multiple processing operations

with the DSB on the phone and stated that they did not receive the e-mails due to technical problems and that the DSB should resend them to another e-mail

Law'). The DSB disagreed, stating the forwarding of the complainant's name does not comply with the principle of data minimisation. Thus, the DSB held that

interpreting the right to confidentiality (cf. the DSB's decision of October 31, 2018, GZ DSB-D123.076/0003-DSB/2018).The GDPR and in particular The principles

personal data. On 22 January 2022, the complainant disclosed the official e-mail address and the official telephone number of a data subject to the Austrian

personal data within the meaning of Art. 9 GDPR (cf. DSB of June 7, 2018, GZ DSB-D202.207/0001-DSB/2018, mwN). Paragraph 7, DSG standardizes data processing

(case number: DSB-D124.1473/22) [Editor's note: Names and companies, legal forms and product names, addresses (including URLs, IP and e-mail addresses)

C-469/10 [ASNEF and FECEMD] para. 38) (cf. the Notice of the DSB from 4.7.2019, GZ: DSB-D123.652/0001-DSB/2019, RIS, license plate recognition).,4. In this context

2021 (case number: DSB-D124.2701) [Editor's note: Names and companies, legal forms and product names, addresses (including URLs, IP and e-mail addresses)

2021 (case number: DSB-D124.2575) [Editor's note: Names and companies, legal forms and product names, addresses (including URLs, IP and e-mail addresses)

health status of the data subject, i.e. data concerning health within the meaning of Article 4(15) GDPR. The DSB founds that the GDPR does not apply due

foundation. With ruling part 1 of the notice of April 10, 2019, GZ. DSB-D123.357/0001-DSB/2019, the data protection authority partially rejected the data protection

patient at the hospital, submitted a request via e-mail for information about the data subject’s data. In the e-mail to the controller, the City of Vienna,

697/0011-DSB/2018). (i.e. a complaint that does not only affect the bP person) is inadmissible, compare the DSB's decision of November 26, 2018, GZ: DSB-D216

complaints with the DSB about the same two subject matters (137) and the present complaint was closely linked to these complaints. The DSB issued a corresponding

confidentiality according to § 1 paragraph 1 DSG (cf. DSB from September 13, 2018, DSB-D123.070/0005- DSB/2018, according to which a breach of Art. 32 DSGVO

data protection authority (hereinafter “DSB”) on behalf of from B*** a. A non-binding form provided by the DSB on its website was used for the report.

2021 (case number: DSB-D550.214) [Note processor: names and companies, legal forms and product names, addresses (incl. URLs, IP and e-mail addresses), file

publicly available at least until 3 October 2023. Firstly, the Austrian DPA (DSB) held that the controller processed personal data of the data subject by publishing

2022 (case number: DSB-D550.509) [Editor's note: Names and companies, legal forms and product names, addresses (including URLs, IP and e-mail addresses),

(Appendix ./D),  the e-mail from the complainant's representative to the first respondent dated 18 November 2022 (Appendix ./E) and  the first respondent's

be argued that the DSB would be called upon to control the legislative body. According to the wording of paragraph 18, DSG, the DSB is established as a

2021 (case number: DSB-D205.482) [Note processor: names and companies, legal forms and product names, addresses (incl. URLs, IP and e-mail addresses), file

interest must be actual and current (i.e. it must not be fictitious or speculative) and there must be a real risk situation (e.g. serious incidents in the past

(Appendix ./D),  the e-mail from the complainant's representative to the first respondent dated 18 November 2022 (Appendix ./E) and  the first respondent's

(see the DSB's decision of April 16, 2019, GZ: DSB-D213.679/0003-DSB/2018). What is to be expected is the DSB's decision of April 16, 2019, GZ: DSB-D213.679/0003-DSB/2018)

GZ: DSB-D123.768/0004-DSB/2019). the decision of 2 December 2019, GZ: DSB-D124.352/0003-DSB/2019, and of 18 December 2019, GZ: DSB-D123.768/0004-DSB/2019)

43 1 711 23-889 15 41 E-mail: einlaufstelle@bvwg.gv.at www.bvwg.gv.at Decision date 15.12.2023 Reference number W108 2273800-1/6E IN THE NAME OF THE REPUBLIC

anonymisation as a means of deletion, see also the DSB decision of 5 December 2018, DSB-D123.270/0009-DSB/2018). The accused would have to ensure – for example

cookie-agreed=2; __unam=67c8073-173e205d800-f576793-2; TS018cf77a=017ccc203c9e7bc4149f20e42e6a3643881397eb41e025f2c54bb e7141c720c53441c2483c; has_js=1; _gid=GA1

with the DSB claiming that they never gave their consent to be contacted via phone for purposes of political advertisement. In its analysis, the DSB first

0 4 . 2 0 2 2 BUSINESS NUMBER W 2 5 8 2 2 4 7 0 2 8 - 1 / 1 1 E I M N A M E N D E R E P U B L I K ! The Federal Administrative Court has judge Mag. Gerold

Dissatisfied with the DSB's decision, the data subject filed an appeal with the BVwG, restating the arguments she had broguht before the DSB. The BVwG held that

(1) lit c and lit e (in the case of video surveillance by private individuals, this would probably be based on Art. 6 (1) lit c and lit e). 1 lit f)" (Ka

responsible after receipt of the request for information (DSB dated June 27, 2019, DSB-D124.071/0005-DSB/2019). In the present case, at the time of receipt of

that the DSB had failed to notice that the database entries which the DSB ordered the controller to erase had already been erased by the time the DSB issued

had an e-mail or postal address in addition to his or her name. Only a qualified electronic signature and no E-ID within the meaning of § 4 (1) E-GovG had

complaint with the Austrian Data Protection Authority (DSB) regarding the lawfulness of these recordings. The DSB rejected the handling of the complaint based on

Protection Authority (Datenschutzbehörde - DSB) in July 2018. The credit reference agency argued before the DSB that the data were still relevant for correctly