C014 YouTube LLC (USA)

Data Subject Rights

Case project

Data Subject Rights

Filing DPA

DSB (Austria)

Controller

YouTube LLC (USA)

Case status

Pending (4 years and more)
Filed: (5 years 1 month 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, only one case has been decided.

Protocol

Date Summary
07.03.2023
Submission by noyb on submisssion by Google
15.02.2023
Reply noyb to Google submission
07.02.2023
DSB sends submission by Google
03.02.2023
DSB forgets to attach submission by Google
05.12.2022
noyb asks DSB for DPCs letter of 17112022
02.12.2022
DSB declares to handle the procedure now
17.05.2022
noyb explains its position on the case once again
16.05.2022
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

13.05.2022
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)."

12.05.2022
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".

12.05.2022
noyb highlight negative conflict of competence between DSB and DPC
11.04.2022
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.

11.02.2022
noyb submits request to swiftly decide the case with the DSB
09.02.2022
DPC sends the case back to Austria since noyb is not happy with their competence
07.02.2022
noyb responds to the DPC
02.02.2022
DPC responds to noybs submissions 202215
05.01.2022
noyb files submissions with the DPC
10.11.2021
update request with the DPC
10.11.2021
the DPC responds and says procedure was paused following noybs request
10.11.2021
noyb sends update request with the DPC
25.10.2021
Decision by the BVwG
20.10.2020
Additional submission after receiving missing DPC letter dated 06022020
10.10.2020
Letter to the DPC re LSA
18.09.2020
DSB shares requested DPC letter
16.09.2020
noyb seeks clarifications with the DSB
05.08.2020
Further additional submissions to the Federal Court
28.07.2020
DSB confirms sending of the appeal file to the Federal Court

We sent further submissions to the federal Court on 2020.07.09.

09.07.2020
Additional Submission after Googles change of position on main establishment and controllership
29.05.2020
Appeal against DSB Decision on Jurisdiction of the DPC
24.04.2020
DSB Decision on Jurisdiction of the DPC and Access to Files inclAttachments
23.12.2019
Letter to DSB re Jurisdiction
02.12.2019
Letter to DSB including Attachments
03.10.2019
DSB confirms DPC is the LSA and forwards DPC letter
28.06.2019
DSB informs noyb DPC may be the LSA but no formal decision yet from Ireland
15.04.2019
update requests with the DSB
14.04.2019
update requests with the DSB
02.04.2019
Letter to DPC re Jurisdiction
31.01.2019
DSB stays the Procedure and looks for LSA
18.01.2019
Complaint Filing with DPA