AustriaGDPR Articles 12-21 and DSG Section 4, Data Subject Rights in Austria
Regulation (EU) 2016/679, Arts. 12-21; Datenschutzgesetz (DSG) § 4
In force since .
A data subject rights rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Honor a person's request to access, rectify, erase, restrict, port, or object to processing of their personal data in Austria within one month of receipt.
- You need not, as a rule, give a person in Austria access to their personal data under General Data Protection Regulation (GDPR) Article 15 where disclosing it would endanger a business or trade secret of yours or of a third party, under DSG Section 4(6).
- If economic or technical reasons mean you can correct or erase a person's automated personal data in Austria only at set times, restrict its processing until then, with the effect of GDPR Article 18(2), under DSG Section 4(2).
These lines are LexLint's reading of the law's text. Also read by: Datenschutzbehörde (Austrian Data Protection Authority) (guidance, recorded ); Case C-203/22 CK v Magistrat der Stadt Wien (other party Dun & Bradstreet Austria GmbH), judgment of the Court of Justice of (First Chamber) (recorded ).
In the frameworks
- NIST Privacy Framework
- CT.PO-P3Policies, processes, and procedures for enabling individuals’ data processing preferences and requests are established and in place.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Case link
- https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62022CJ0203
- Guidance link
- https://www.dsb.gv.at/rechte-pflichten/ihre-rechte-als-betroffene-person
- Case citation
- Case C-203/22 CK v Magistrat der Stadt Wien (other party Dun & Bradstreet Austria GmbH), judgment of the Court of Justice of (First Chamber)
- Guidance body
- Datenschutzbehörde (Austrian Data Protection Authority)
- Open questions
- Does Section 4(6) of the Datenschutzgesetz, under which the right of access under Article 15 of Regulation (EU) 2016/679 as a rule does not exist where disclosure would endanger a business or trade secret, survive Case C-203/22, which requires a controller to give the allegedly protected information to the supervisory authority or court so that it can balance the interests?
What record it asks for
Logging duty
Articles 12 to 21 and Section 4 of the Datenschutzgesetz set response periods and refusal and restriction rules for data-subject requests. None of them requires a log or a record.
- Kind
- None
- As of
What this law does
Under General Data Protection Regulation (GDPR) Articles 12 to 21, a person in Austria can ask a controller for access to their personal data and for its rectification, erasure, restriction or portability, or object to its processing, and the controller must answer within one month, a period it may extend by two further months for complex or numerous requests.
Section 4 of the Datenschutzgesetz adds two rules for these requests: access may, as a rule, be refused where disclosure would endanger a business or trade secret of the controller or of a third party (§ 4(6)), and where automated data can be corrected or erased only at set times for economic or technical reasons, their processing is restricted until then, with the effect of GDPR Article 18(2) (§ 4(2)).
When LexLint raises it
When your app profile says your app processes personal data.
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