This is a case on an address broker ("AZ Direct") that refused to provide information on the origin and recipients of the data processed.
Both the Austrian DPA and also the Federal Administrative Court dismissed the appeal, basically because the controller argued to have no idea where the data came from and went to and hence did not violate Article 15 GDPR. We appealed this highly problematic decision that awards non-compliance and wilful ignorance with the Supreme Administrative Court.
| Ημερομηνία | Summary |
|---|---|
| 24.01.2025 | DSB intends to waive remaining complaint re data recipients As controller does not have records of information on concrete data recipients, the DSB intends to apply § 24(6) DSG, which is a misapplication as that provision only allows to close complaint cases where the controller has fulfilled a data subject's request in the case of the procedure before the DSB. However, fulfillment is factually impossible here. |
| 31.01.2024 | noyb update request to DSB regarding open part of complaint we requested an update regarding the part of the complaint in which no decision was made so far. |
| 06.04.2023 | Appeal with VwGH |
| 20.03.2023 | VwGH decides on costs of inactivity lawsuit |
| 23.02.2023 | Decision BVwG |
| 03.02.2023 | Statement noyb to documents produced by AZ after oral hearing |
| 25.01.2023 | Oral hearing |
| 20.12.2022 | Summons to oral hearing |
| 09.12.2022 | Reply noyb to AZ reply |
| 06.12.2022 | Reply AZ to noyb appleal |
| 30.11.2022 | Inactivity Lawsuit with VwGH |
| 17.11.2022 | Phone Call with BVwG Our appeal reached them on 11.04.2022. |
| 11.04.2022 | Appeal has been forwarded to BVwG The DSB informed us that the have sent our appeal and the files of the case to the BVwG which will now decide on our appeal. |
| 24.03.2022 | Appeal by noyb |
| 24.02.2022 | Decision by DSB |
| 10.12.2021 | Inactivity complaint with BVwG |
| 22.01.2021 | Reply by noyb |
| 18.01.2021 | Reply by AZ Direct |
| 07.12.2020 | Unsolicited SAR reply by AZ Direct |
| 13.10.2020 | Complaint filed |