GDPR Article 22 and DSG Sections 42-45, Automated Decision-Making in Austria

Regulation (EU) 2016/679, Art. 22; Datenschutzgesetz (DSG) §§42-45

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In force since 25 May 2018.

A data subject rights rule binding public and private bodies.

As of 24 August 2026.

What it requires

Honor a person's request to access, rectify, erase, restrict, port, or object to processing of their personal data within one month of receipt, as required by General Data Protection Regulation (GDPR) Articles 12 to 23.
Provide a meaningful human review before finalizing any decision based solely on automated processing that produces legal or similarly significant effects for a person in Austria, under GDPR Article 22 and DSG Sections 42 to 45.

What this law does

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.

General Data Protection Regulation (GDPR) Articles 12 to 23 give a person in Austria rights of access, rectification, erasure, restriction, portability and objection, plus Article 22 rights against a decision based solely on automated processing that produces legal or similarly significant effects. DSG Sections 42 to 45 give Article 22 domestic procedural effect.

The Datenschutzbehorde's September 2025 finding that KSV1870's credit scoring was prohibited automated decision-making under Article 22 was overturned by the Verwaltungsgerichtshof (Supreme Administrative Court) on 11 June 2026, which held the scoring parameters were not personal data in that instance. This narrows the DSB's Article 22 theory in the credit-scoring context but leaves the underlying statutory right and DSB enforcement authority unchanged.

When LexLint raises it

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Read the law

Official Journal text, EUR-Lex, Regulation (EU) 2016/679
Datenschutzgesetz §§42-45, RIS

Every line above is drawn from the primary source linked here, read on the date shown. This is a research summary, not legal advice.

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