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Original Language(s): German Original Source: RIS (in DE) Initial Contributor: MW

Original Language(s): Spanish Original Source: AEPD (in ES) Initial Contributor: MW

Original Language(s): Spanish Original Source: AEPD (in ES) Initial Contributor: MW

Original Language(s): Spanish Original Source: AEPD (in ES) Initial Contributor: MW

Original Language(s): Spanish Original Source: AEPD (in ES) Initial Contributor: MW

Language(s): German Original Source: RIS (in German) Initial Contributor: MW

Language(s): German Original Source: RIS (in German) Initial Contributor: MW

Tipke / Kruse-Drüen, commentary on the AO and FGO, paragraph 6 on § 2 a AO mw N.). 19th b) The national legislature has also not extended the material scope

Original Language(s): German Original Source: RIS (in DE) Initial Contributor: MW

Language(s): Catalan, Valencian Original Source: APDCAT (in CA) Initial Contributor: MW

Original Language(s): English Original Source: NAIH (in EN) Initial Contributor: MW

Language(s): Dutch Original Source: de Rechtspraak (in Dutch) Initial Contributor: MW

Language(s): German Original Source: RIS (in German) Initial Contributor: MW

German Original Source: W176 2249328-1/4Z (in German) Initial Contributor: MW

[[:Category:|]] [[Category:]] Original Source: [ (in )] Initial Contributor: MW

effectiveness under Union law (cf. Schweiger in Knyrim, DatKomm Art 82 DSGVO Rz 13 mwN; in detail Wybitul/Haß/Albrecht, NJW 2018, 115). [15] The amount awarded

Language(s): German Original Source: RIS (in German) Initial Contributor: MW

23/15w Pkt 3. mwN). An employee's privacy is also one of the legal interests protected by § 96 Paragraph 1 Z 3 ArbVG (9 ObA 23/15w Pkt 3. mwN). 3.2 Human

data (cf. Karg in Simitis/Hornung/Spiecker, DSGVO Kommentar Art. 4 Z 1 Rz 52 mwN). This consideration can be applied to the case at hand due to the uniqueness

the ruling of the Austrian Supreme Court of 5 November 2014, GZ 7 Ob 180/14t mwN). It can also be seen from the OGH's case law on § 34 VersVG that the policyholder

effectiveness under Union law (cf. Schweiger in Knyrim, DatKomm Art 82 DSGVO Rz 13 mwN; in detail Wybitul/Haß/Albrecht, NJW 2018, 115). [15] The amount awarded

(Kerschbaumer-Gugu, Schadenersatz bei Datenschutzverletzungen [2019], p 60 f, mwN). 5.2. according to erwGr 146 sentence 3 of the Vorheriger SuchbegriffDSGVONächster

old version can impair safety (BAG December 5, 2019 - 2 AZR 223/19 - Rn. 25 mwN, BAGE 169, 59). Due to the lack of reliability of a representative for person

Original Language(s): Italian Original Source: GPDP (in IT) Initial Contributor: MW

Original Language(s): French Original Source: CNIL (in FR) Initial Contributor: MW

approach by the Austrian legislature (see VwGH 10.10.2018, Ra 2018/08/0189 Rs 4 mwN, according to which the analogy is in principle permissible in public law

platforms (cf. the decision of 15 January 2019, GZ DSB-D123. 527/0004-DSB/2018 mwN), it was also to be noted that the present teacher evaluation concerns the

the entitlement to make a reference (cf. VwGH, 22.02.2001, Zl. 2001/04/0034 mwN, VwGH, 28.10.2008, Zl. 2008/05/0129). European Case Law Identifier ECLI:AT:BVWG:2021:W211

existence of a genuine legal loophole (cf. VwGH 10.10.2018, Ra 2018/08/0189 Rs 4 mwN). It should be pointed out that in the course of adapting the DPA to the

Schantz in Schantz / Wolff, Das neue Datenschutzrecht [2017] margin no. 1198 mwN assumes that the data subject can choose whether he or she would like to

approach of the Austrian legislator (see VwGH 10.10.2018, Ra 2018/08/0189 Rs 4 mwN, according to which the analogy is generally permissible in public law, but

February 2018, cited in the stRsp of the Administrative Court). Fe 2016/06/0001 mwN). Thus, the complainant's request at the time, which was based on the legal

decisive (Bäcker, in Kühling / Buchner, E./BDSG, 2nd edition, Art. 15 marginal 8 mwN.) . (b) The defendant must provide the information related to receipt of

the ruling of the Administrative Court of 28 February 2018, Ra 2015/04/0087 mwN). It has been established that the complainant's data were demonstrably disclosed

to present facts (cf. in particular the doctrine cited under margin no. 22 mwN and DSB, notice of December 6th, 2021, GZ: 2020-0.774.665 [case number: DSB-D124

ECJ, judgment of 22 October 2015 - C-523/14, IPRax 2019, 147 marginal 29 mwN; Gottwald in: MünchKommZPO, 5th edition, Art. 1 EuGVVO marginal no. 1). According

(cf. on the lack of a subjective violation of the law VwSlg. 11.568 A/1984 mwN). As a result, this means that the information obligations could also be

decision of the Administrative Court, also that of 12 May 2010, AW 2010/10/0002, mwN); if such a sufficient specification is missing, this is a substantive defect

January 2008, p. 1). November 1984 - I ZR 158/82, BGHZ 93, 96, 97 f. - DIMPLE, mwN; judgment of 10 April 2014 - I ZR 43/13, GRUR 2014, 1114 = WRP 2014, 1307

to give evidence or testify (see BayVGH BeckRS 2019, 8672 marginal no. 16 mwN). The order to keep a logbook does not presuppose either unlawful conduct

the provisions can be perceived in isolation from each other (6 Ob 140/06s mwN). In this sense, Clause 14 contains three independent provisions, on the

as a punishment (see VwGH 22.5.2019, Ra 2018/04/0074, 0075, marginal no. 9, mwN). As explained in the legislative materials on the DPA, Federal Law Gazette

( see mwN BVwG 12.03.2020, GZ: W256 2223922-1).” several criminal offenses were committed and also referred to the English language version see mwN BVwG

VStG applies (cf. mwN BVwG March 12, 2020, GZ: W256 2223922-1). according to paragraph 22, paragraph 2, VStG for application see mwN BVwG March 12, 2020

( see mwN BVwG 12.03.2020, GZ: W256 2223922-1).” several criminal offenses were committed and also referred to the English language version see mwN BVwG

judgment of 24 November 2010 - 1 BvF 2/05 -, BVerfGE 128, 1-90, Rn. 150 ff. mwN) to procedural prohibitions on exploitation to lead: 28 For the legal situation

of residual debt], paragraphs 74 and 75, mwN; see also VwGH October 31, 2023, Ro 2020/04/0024, 0025, Rn. 22, mwN). 24 In this case, the party involved makes

December 15, 2022 Ra 2020/08/0116 and VwGH of January 14, 2013, 2012/08/0299, mwN ). According to the established case law of the Administrative Court, when

involved (cf. Bayerischer VGH, decision of 02.26.2007 - 1 ZB 06.2296 -, juris mwN ). In the order at issue it only states that it is ordered to refrain from

respective case must be taken into account (see VwGH June 25, 2019 Ra 2018/10/0120 mwN). The assessment of the effectiveness of a procedural act, here the issuance

qualified as immaterial damage (cf. Ehmann in Ehmann/Selmayr. GDPR Art. 15 Rn. 1 mwN, Bäcker in Kühling/Buchner, GDPR Art. 5 Rn. 1). 74Due to the delayed information

2015, Ra 2015/22/0040, as well as 09/16/2015, Ra 2015/22/0082 to 0084, all mwN). The Federal Administrative Court is therefore barred from making a substantive

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 for archiving purposes in

compensation (Schaffland / Wiltfang, Art. 82 GDPR No. 5; Plath, Art. 82 GDPR No. 4 d mwN). On the one hand, a serious violation of personal rights is no longer necessary

Berlin-Brandenburg, decision of August 11, 2006 - OVG 8 S 50.06 -, juris marginal no. 16 mwN). 15 Based on these principles, the applicants have not made a claim to an

Der Schutz der Datenschutz in der Europäische Datenverarbeitung [2014 ] 463 mwN). Based on this, the right to erasure cannot be violated by a complete erasure

41160, Rn. 18; Uv 8.8.2019 - AN 14 K 19.00272 - BeckRS 2019, 30069, Rn. 28 mwN) because of Section 20 (5) No. 2 BDSG, the State Office for Data Protection

of a settlement surplus value (LAG Nürnberg 24.02.2016 - 4 Ta 16/16 juris mwN). The value of the subject matter of the appeal exceeds € 200. The appeal

the contested decision (cf. VwGH 17.12.2014, Ro 2014/03/0066, point V.1., mwN) and the position as a co-participant requires legally protected interests

2015, Ra 2015/22/0040, as well as 16.09.2015, Ra 2015/22/0082 to 0084, all mwN). The Federal Administrative Court is therefore precluded from making a substantive

authority prosecuted before the VwG (cf. VwGH 16.11.2015, Ra 2015/12/0026 , mwN). Since the BF only points 1. and 2. a. and b. contested, the subject of

participation (so Maatsch / Schnabel, HmbTG, 1st edition 2015, § 3 marginal 132 mwN) or beyond that also possible other owners of higher management functions

the person concerned (cf. most recently the judgment of 11.11.2020, C-61/19 mwN). This applies all the more to the processing of health data because Article

KUG, paragraphs 10a to 10e; on Section 23 (1) no. ZUM-RD 2020, 642 para. 10 mwN; Federal Court of Justice, ZUM-RD 2020, 637 para 1 GDPR contains an independent

networks (Schmidt in Taeger / Gabel, DSGVO BDSG3 [2019] Art 2 DSGVO margin no. 18 mwN) . [123] 3.4. The genesis of the GDPR points in this direction insofar as

with Section 62 (1) VwGG, are met (cf . e.g. VwGH 13.6.2016, Ro 2014/03/0049, mwN). The revision proceedings in question were therefore to be suspended - in

or at least significantly endanger it, BAG March 23, 2011 - 10 AZR 562/09 mwN), the termination of the employment relationship is generally inadmissible

judgment of September 27, 2023 - IV ZR 177/22, NJW 2023, 3490 Rn. 30 ff. mwN). In addition, findings must be made that the authorized person no longer

processing” (see also the decision of August 10, 2020, GZ: 2020-0.204.456 mwN). contain personal data of a person requesting information. With reference

clarity that everyone is able to understand it as such (VfSlg. 12.947/1991 mwN). Thus, on the basis of a blanket criminal provision, unlawful and therefore

this case, that after deletion (see VwGH September 23, 2020, Ra 2020/14/0175 mwN) .The administrative court must (unless the law states otherwise) base its

engine results (cf. again the judgment of the ECJ of 24 September 2019, Rz 66 mwN). There are no indications to deviate from this general assessment of the

to the GDPR in Jahnel (publisher), yearbook data protection law (2019) 283 mwN on the case law of the Supreme Court; RIS-Justiz RS0036981, RS0036864). The

intervention has regulated differently (see also VwGH 14.12.2021, Ro 2020/04/0032 mwN). 3.3. The objections of the authority concerned are not convincing. 3.3

relevant (authoritative) and true facts (Hengstschläger / Leeb, AVG § 45, Rz. 1 mwN). This is the outflow of the official maxim as well as the principle of material

JyNjY2MnLCcjZWVlJywnI2YzZjNmMycsJyNmZmYnXSxbJyNmMDAnLCcjZjkwJywnI2ZmMCcsJyMwZjAnLCcjMGZmJywnIzAwZicsJyM5MGYnLCcjZjBmJ10sWycjZjRjY2NjJywnI2ZjZTVjZCcsJy

special right to information about the logic involved in data processing" mwN) or similar information equivalent to the information content enable the

(BGH, judgment of April 18, 2002, VII ZR 260/01, NJW 2002, 2952 under II 2 a mwN; Becker-Eberhard, in: Munich commentary on the ZPO, 6th edition 2020, § 254

- a recourse to Art. 6 DSGVO (Plath DSGVO/BDSG, 3rd edition 2018 para. 13 mwN). According to Article 6 Paragraph 1 lit f. GDPR, however, processing is

confidentiality (cf. the decision of February 15, 2021, GZ 2021-0.101.211 mwN).The GDPR and in particular the principles enshrined therein must be used

Korinek/Holoubek, B-VG, 12th Lfg [2016], § 1 DSG, Rn. 58, mwN).VG, 12th Lfg [2016], paragraph one, DSG, Rn. 58, mwN). 36       5.2.3. Sovereign administration occurs

statement associated with a complaint (see VwGH August 8, 2017, Ra 2017/19/0082, mwN). 3.3.2.3. Regarding point 2.a. of the contested decision: With saying point

protection law" (cf. Risz in Ennöckl / N. Raschauer / Wessely, GewO § 151 Rn. 9 mwH), the provision contains regulations on the conditions under which address

lit f (Kastelitz/Hötzendorfer/Tschohl in Knyrim, DatKomm Art 6 DSGVO Rz 79 mwN – as of May 7th, 2020, rdb.at). The BVwG went in several decisions of the

dated November 15, 2016 - B 2 U 19/15 R - SozR 4-2700 § 131 No. 2 RdNr 15 mwN) or if it issues a ban on utilization of the dental practice as desired and

this data is not necessary (following OLG Cologne BeckRS 2023, 20138 Rn. 16 mwN). (Rn. 14) (editorial principle) 3. The appeal is permissible even if the

2019, Ro 2019/18/0005 with reference to VwGH, 09.09.2015, Ro 2015/03/0032 mwN). Accordingly, it should be noted that the contested decision rejected the

processing (cf. the decision of the VwGH of 27 May 2009, Zl. 2007/05/0052, mwN, as well as the judgment of the ECJ of May 7, 2009, Case C-553/07, The (substantive)

Practical commentary on the Data Protection Act (DSG) § 24, margin nos. 259, 260 mwN, rdb.at) In general, the setting not expressly provided for in the AVG becomes

membership is terminated by a unilateral declaration of resignation (1 Ob 176 / 98h mwN). According to the findings, the BF or its branch union XXXX already took

2022, Ra 2022/01/0247, with reference on VwGH June 19, 2018, Ra 2018/03/0021, mwN). In the present case, the authority concerned did not respond within six

(cf. Senate judgments of July 27, 2020 - VI ZR 405/18, BGHZ 226, 285 para 24 mwN; from October 12, 2021 - VI ZR 488/19, WRP 2022, 193 para. 68 and VI ZR 489/19

namely the respective main question (Hengstschläger-Leeb, AVG § 38, Rz 1 mwN). The preliminary question concept of § 38 AVG (preliminary question in the

133 (4) B-VG cannot be affirmed (cf. e.g. VwGH 25.09.2015, Ra 2015/16/0085, mwN). Therefore, it had to be stated that the appeal was not admissible pursuant

networks (Schmidt in Taeger / Gabel, DSGVO BDSG3 [2019] Art 2 DSGVO margin no. 18 mwN) . [123] 3.4. The genesis of the GDPR points in this direction insofar as

34 f; Eberhard in Korinek/Holoubek, B-VG, 12th Lfg [2016], § 1 DSG, Rn. 58, mwN). 36 5.2.3. Sovereign administration occurs when the administrative bodies

the Austrian legislature (see VwGH October 10, 2018, Ra 2018/08/0189, Rs 4 mwN, according to which the analogy is generally permissible in public law, but

named as an identified natural person (cf. VwGH May 12, 2020, Ro 2019/04/0229, mwN). In other words: In a procedure pursuant to Art. 83 GDPR, the data protection

date (cf. KarglinSimits/Hornung/Spiecker, data protection law, Art. 4Z1, Rn52mwN). Fingerprinting (RFC6973) can be used by an observer using a device or application

such as legal fees, costs for private reports, etc. (VwSlg. 16.636 A/2005 mwN). According to paragraph 2 leg. cit. The administrative regulations determine

BeckOK data protection law, 42nd Ed. Status: 01.08.2022, GDPR Art. 82 para. 14 mwN). Even if the wording of Art. 82 Para. 1 GDPR refers solely to a violation

proceedings and the final decision (cf. inter alia VwGH 28.8.2017, Ra 2016/03/0078 mwH). In this respect, the "matter" of the appeal proceedings before the Administrative

in this respect either (see for example VwGH 25.09.2015, Ra 2015/16/0085, mwN). It was therefore to be stated that an appeal under Article 133.4 B-VG is

72 So BVerwG, judgment of September 18, 2019 - 6 A 7.18 -, juris, para. 22 mwN, as well as for interventions in Art .41; see also Schemmer, information

approach by the Austrian legislator (cf. VwGH 10.10.2018, Ra 2018/08/0189, Rs 4 mwN, according to which the analogy is generally permissible in public law, but

to be viewed as public figures (finding of May 20, 2021, GZ W214 2232956-1 mwN). The complainant is a filmmaker, director, cameraman and author (see point

work come from the Opinion of the Advocate General in case C-673/17 Rz 36 ff mwN. Since this is a case-independent and general technical description of the

para. 4 B-VG cannot be affirmed (cf. e.g. VwGH 25.09.2015, Ra 2015/16/0085, mwN). Therefore, it had to be stated that the appeal was not admissible pursuant

factual assertion (Greger in: Zöller, ZPO, 34 . Edition 2022, § 294 ZPO, Rn. 6 mwN). Based on this, the plaintiff has not made any facts credible that support

with section 256 (1) ZPO (BGH April 19, 2016 - VI ZR 506/14, juris marginal 6 mwN). In particular, the employment relationship has not yet ended. On request

regulations applicable to his procedure recognize (e.g. VfSlg. 19.019/2010 mwN). Vienna, December 14, 2022 The Vice President: dr MADNER Secretary: dr SELIM