C007 Netflix

Data Subject Rights
Case project
Filing DPA
Controller
Netflix
Case status
Pending (4 years and more)
Filed: (5 years 9 months ago)

This case is part of a series of complaints on incomplete answers to access requests (a very common problem). These cases were also intended to develop further information on the functioning of the EU cooperation mechanism. So far not a single case have been decided.

Protocol
Date Summary
04.10.2024
noyb requests AP for a decision
12.07.2024
DSB forwards letter of Dutch DPA with an update about the case
11.01.2024
Phone call with AP
03.01.2024
Phone call with DSB

Our statement to the "concept decision" was forwarded to the Dutch DPA by the DSB who shared similar concerns against the "concept decision". The DPA is in contact with the Dutch-DPA regarding the case and there will (with high likelihood) a decision in two parts (the first part beeing an ex-officio decision without our further participation). The DSB announced that we will receive this information in writing as well.

27.09.2023
noyb sends email to DSB asking for an update

Unclear if DSB has raised objections against the AP's draft decision.

28.06.2023
Phone call with DSB

They have forwarded our submission to the AP, which will either issue its actual draft decision now, or yet another "preliminary draft decision".

17.05.2023
Call with DSB asking for missing documents

We would need to send an email asking them to ask the AP to provide them with Netflix' submissions and the AP's investigation report, so the DSB can provide them to us.

We should also ask for extension of deadline if we want to base our submission on these new documents as well.

17.05.2023
Preliminary submission noyb
09.05.2023
Call with Dutch DPA
03.05.2023
Concept decision from AP sent by DSB
28.04.2023
Response noyb to letter Dutch DPA
28.04.2023
Mail informing DSB about letter sent to Dutch DPA
11.04.2023
Response Dutch DPA to letter noyb
30.03.2023
Letter from noyb to Dutch DPA to decide and give access
30.03.2023
Mail informing DSB about letter sent to Dutch DPA
11.10.2022
BVwG confirms withdrawal of appeal
19.08.2022
DSB has forwarded withdrawal of appeal to BVwG
10.08.2022
noyb withdraws appeal
03.08.2022
DSB provides update and access to the files

including letter by the AP of May 2022. DSB confirmed to us that both cases (C007 and C008) are handled by the AP.

03.08.2022
DSB notifies us that our appeal has been forwarded to the BVwG
13.07.2022
Call with BVwG and then E-Mail to DSB, requesting update on our appeal

Our appeal of 01.04.2022 has not yet been received by the BVwG. noyb then sent an E-Mail to the DSB asking them for an update

01.04.2022
appeal to the Federal Administrative Court BVwG
14.10.2021
noyb seeks update from DSB

Since we have not heard from the DPO (or the AP) regarding D130.199 and D130.274 since 11.05.2021 and our last submission of 07.06.2021 has remained unanswered for more than four months now, we kindly request that the open applications (see our submissions of 07.06.2021 and 05.03.2021) be dealt with and that an update on the status of the procedure pursuant to Article 77(2) of the GDPR be provided.

07.06.2021
noyb files submissions highlighting lack of response re to previous ones
11.05.2021
DSB forwards LSAs update on the case
05.03.2021
noyb files access request to the file 17AVG

third access request + clarification on the party status of the complainant

21.01.2021
DSB forwards LSAs update on the case
12.01.2021
DSB grants access to the file following noybs 17AVG request

According to this, the lead supervisory authority has an internal report of the investigations
regarding Netflix International B.V., which is not (yet) published in IMI or otherwise available to the
or is otherwise not accessible to the Austrian data protection authority.
The Austrian data protection authority has suggested that a separate
party hearing regarding the (summarised) results of the investigation even before the
(summarised) investigation results prior to the publication of a draft decision in IMI. The decision of the
supervisory authority on this matter in the next few weeks.

30.11.2020
noyb files access request to the file
30.11.2020
noyb files access request to the file 17AVG
27.11.2020
LSA informs noyb on the Status
27.11.2020
LSA responds to noyb update request
26.11.2020
noyb seeks update to the LSA
18.05.2020
noyb seeks update from DSB
23.12.2019
noyb files access request to the file 17AVG
16.12.2019
DSB informs noyb on the Status

The data protection authority has again contacted the Dutch supervisory authority in response to your request of 10 October 2019 and asked about the status of the procedure.

10.10.2019
noyb seeks update from DSB
19.07.2019
DSB informs noyb on the progress

The complaints of 18 January
2019 were examined and classified as a cross-border complaint case in which the lead authority is a foreign partner authority. foreign partner authority.
By decision of 31 January 2019, the proceedings were suspended.

05.06.2019
noyb seeks update from DSB
15.04.2019
noyb seeks update from DSB

noyb requests whether a decision on the LSA has been reached

31.01.2019
DSB stays the Procedure + finding LSA

The DSB stays the procedure while the LSA has been identified.

18.01.2019
Complaint Filing with DPA

Complainant claims violation of Article 15 GDPR due to incomplete response provided by the controller.