• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
easy GDPR - we make compliance with GDPR easy

easyGDPR

We make implementing General Data Protection Regulation Easy

  • Home
  • Services
    • Software
      • easyGDPR Quickcheck
      • (DEP) easyGDPR lite
      • (DEP) easyGDPR Standard
      • Data Subject Requests
      • Sophos
    • IT Security
    • network checkup
    • SME digitization funding
    • Data protection consulting
      • Data protection
      • Cybersecurity
    • Training
      • Data protection
      • Cybersecurity
  • Partner
    • Resellerprogramm
    • Affiliate programm
  • GDPR
    • GDPR News
    • FAQ
    • GDPR Decisions
    • GDPR penalties
    • GDPR legal text
  • Shop
  • Contact
    • Contact
    • Newsletter registration
  • Login
    • Shop / Affiliate Program
    • easyGDPR Software
  • German
  • English

2022-0.083.310 (D124.0128/22), Dismissal of the application for a writ of mandate pursuant to Section 22 of the Data Protection Act; no imminent danger in connection with the data processing in question.

28/10/2022 by Jakob Guggenberger

In its decision of February 14, 2022, the data protection authority dealt with an application for the issuance of a mandate decision due to alleged imminent danger in connection with the transfer of files by a federal minister requested by a committee of inquiry pursuant to Section 25 of the Ordinance.

Initially, the data protection authority came to the conclusion that it is in principle possible to submit complaints to the data protection authority in connection with the submission of files by an administrative body subject to information requirements to an investigative committee. The role of the data protection authority in such a case is limited to ex post control.

The data protection authority is entitled to prohibit data processing by means of a mandate notice if there is a significant direct threat to the confidentiality interests of the data subject that are worthy of protection (imminent danger). The applicant justified this on the grounds that information or documents relating to him would be published by third parties (members of the Investigative Committee). However, a prerequisite for the admissibility of a writ of mandate is a dangerous situation on the part of the defendant and responsible party.
The applicant was not able to certify to what extent the contested data processing by the respondent would violate his confidentiality interests. The fear that members of the Investigative Committee would disclose information learned in the course of their work for the Investigative Committee to third parties is merely a hypothetical consideration. For these reasons, the present application for a writ of mandate was dismissed.
The decision is legally binding.

Source: DSB Austria

Category iconGDPR Decisions

Primary Sidebar

IT-Security Whitepaper Downloaden
  • German
  • English
  • Data Protection Statement
  • Terms and Conditions
  • Imprint
  • Licence terms for easyGDPR
  • GDPR terms
We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking "Accept", you consent to the use of ALL the cookies.
SettingsAccept All
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled

Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.

Non Necessary

Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.

functionality

Diese Art von Cookies erhöht die Benutzerfreundlichkeit unserer Website. Beispielsweise wird darin die von Ihnen ausgewählte Sprache gespeichert. Auch die Verfügbarkeit von Videostreams und sonstigem Inhalt kann von diesen Cookies abhängig sein. Wenn Sie diese Cookies ablehnen, ist die Benutzerfreundlichkeit eingeschränkt.

Save & Accept