C014 YouTube LLC (USA)
Case projectData Subject Rights
Filing DPADSB (Austria)
ControllerYouTube LLC (USA)
Case statusPending (4 years and more)
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, only one case has been decided.
Submission by noyb on submisssion by Google
Reply noyb to Google submission
DSB sends submission by Google
DSB forgets to attach submission by Google
noyb asks DSB for DPCs letter of 17112022
DSB declares to handle the procedure now
noyb explains its position on the case once again
DSB confrims recit and aknowledges our leter of 12052022
"Die Datenschutzbehörde bestätigt den Erhalt Ihrer Eingabe vom 12. Mai 2022 und nimmt diese zur Kenntnis. " - no more
DPCs response to the negative competence issue
DPC asked us again to confirm that we are happy with them handling the complaint as LSA - we are not, as we consider YouTube LLC / Google LLC to be controller. DPC set us a 1 month deadline: "If no confirmation is received from NOYB within 1 month from the date of this letter, then the DPC will consider that NOYB no longer wish to pursue this complaint against Google Ireland Limited (Google)."
Setting ultimatum for DSB
noyb wrothe the DSB asking them to either consider Article 56(5) GDPR ("LSA not handling case") to be fulfilled or to trigger Art 65(1)(b) GDPR per analogiam. If the DSB does neither by 26.05.2022, we will file something under Article 78 GDPR, due to the extended "legal limbo".
Call with DSB on status
On 11.04.2022, noyb reached the DSB on the phone. The DPC did not explain to the DSB until 01.04.2022 (as requested by the DSB) why they referred the case back to the DSB. The DPC said before that they would have no basis unter Article 6(1) GDPR tp process the case, which is a new low of legal arguments from the DPC. The DSB will again try to get a conclusive explanation from the DPC and is contemplating to refer the matter to the EDPS under Article 65(1)(b) GDPR per analogiam.
Our stance is that either Google LLC / YouTube LLC is single controller or that there is joint controllership with Google Ireland Ltd. We reject the notion of a mysterious change of controllership to Google Ireland Ltd. on 22.01.2019.
noyb submits request to swiftly decide the case with the DSB
DPC sends the case back to Austria since noyb is not happy with their competence
noyb responds to the DPC
DPC responds to noybs submissions 202215
noyb files submissions with the DPC
noyb sends update request with the DPC
Decision by the BVwG
Additional submission after receiving missing DPC letter dated 06022020
Letter to the DPC re LSA
DSB shares requested DPC letter
noyb seeks clarifications with the DSB
Further additional submissions to the Federal Court
DSB confirms sending of the appeal file to the Federal Court
We sent further submissions to the federal Court on 2020.07.09.
Additional Submission after Googles change of position on main establishment and controllership
Appeal against DSB Decision on Jurisdiction of the DPC
DSB Decision on Jurisdiction of the DPC and Access to Files inclAttachments
Letter to DSB re Jurisdiction
Letter to DSB including Attachments
DSB confirms DPC is the LSA and forwards DPC letter
DSB informs noyb DPC may be the LSA but no formal decision yet from Ireland
update requests with the DSB
update requests with the DSB
Letter to DPC re Jurisdiction
DSB stays the Procedure and looks for LSA
Complaint Filing with DPA