By decision of June 8, 2022, amended by preliminary appeal decision of July 29, 2022, the data protection authority had to deal with the question of which parts of a civil servant’s appraisal interview may be included in the personnel file in accordance with the Civil Service Act The complainant, a civil servant employed by… […]
D124.2161 (2022-0.345.404), Lawfulness of data processing through the use of cookies.
In a decision dated June 1, 2022, the data protection authority addressed the legality of data processing through the use of cookies. The respondent is the operator of a website for sporting goods. When the complainant visited this website, she did not interact with the cookie banner or give consent. After accessing the website, the… […]
D124.5388 (2022-0.191.287), Manual insertion of advertising material in pre-addressed envelope
The complaining party considered its right to confidentiality to have been violated, among other things, because it had set up a forwarding order with the respondent – a company providing postal services – and subsequently received a postal confirmation letter to which non-personalized advertising materials were enclosed, although it had prohibited the use of its… […]
D124.5018 (2021-0.848.839), disclosure by elementary school of student’s telephone number.
The director had instructed the relevant class teacher to pass on the telephone number and in the proceedings had invoked the protection of the legitimate interests of the classmate to receive any compensation for his damaged glasses. The DPO upheld the complaint and concluded that the disclosure of the telephone number violated the complainant’s right… […]
2021-0,454,639 (D124.3857), Covid-19 antigen testing in class does not violate students’ right to confidentiality
The complainants were students at an elementary school and a middle school in the summer semester of 2021. A Covid 19 entry self-test or other evidence of low epidemiologic risk was required as a prerequisite for attendance at both schools. The self-tests were administered in class under the supervision of the teacher present. Refusal to… […]
2021-0.297.343 (D124.3687), Copy of mask exemption certificate may be transmitted to county administrative agency and medical board for review in case of suspicion
The complainant had been stopped by officers of the LPD Carinthia in the spring of 2021 on the fringes of a demonstration against the Covid-19 measures because he had not worn a close-fitting mechanical protective device, which is obligatory according to § 12 of the 3rd COVID-19-NotMV. The complainant then presented a mask exemption certificate… […]
2021-0.293.288 (D124.3128), Collection of a traffic fine by a collection agency.
In its decision of June 1, 2021, the data protection authority addressed the legality of collecting foreign traffic fines through collection agencies instead of through the route standardized in the EU-VStVG.In 2018, the complainant had been “flashed” while speeding on an Italian highway. The Province of Pisa then sent the Austrian authorities a letter called… […]
2021-0,330,691 (D124.3524), Consequences of a business acquisition by asset deal on the legality of direct mail to the new customer base
In its decision of July 7, 2021, the data protection authority dealt with e-mail newsletters that were sent by the liquidator to the customers of the acquired company without their consent after the acquisition of the company.The respondent, a trading company, acquired assets of an insolvent company, including the good will and the customer base,… […]
2021-0.417.356 (DSB-D124.2706), Registration and publication in the supplemental register for other affected persons.
In its decision of June 28, 2021, the data protection authority had to deal with the registration and publication of natural persons in the supplementary register for other data subjects (ERsB) for the first time.The ERsB has been managed by the Federal Ministry for Digitization and Economic Affairs (BMDW) as the responsible body since 2018…. […]