Posts tagged #personal data
All PostsLimits for Abusive GDPR Requests
Data Privacy LawIn the case at hand, a person living in Austria had signed up for a German optician’s newsletter by entering personal information into the company’s online registration form. Several weeks later, the individual contacted the optician's shop to reques...
German BGH Clarifies ‘Personal Data’ under Article 15 of the GDPR
Civil LawThe German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) considered whether premium history details—such as adjustments, tariff changes, and terminations—in private health insurance count as personal data. The case at hand involved a ...
GER: Anonymity and Trusteeships – Shareholders’ Rights to Information Strengthened
Data Privacy LawAlthough trusteeships are often intended to provide investors with anonymity, this desire is subject to clear limits under company law. In one of its most recent rulings, the German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has re...
GDPR – Is it Allowed to Publish Workplace Email Addresses?
Administrative LawThe Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) has ruled on whether the publication of school teachers’ official email addresses on the school website is in breach of the General Data Protection Regulation (GDPR). The ap...
CJEU Limits Use of Meta Data
European LawThe data minimisation principle requires personal data to be ‘adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed’, according to Article 5(1)(c) of the General Data Protection Regulation (GDPR)...
CJEU on Police Access to Mobile Phone Data
European LawThe European Court of Justice has been asked to rule on the legality of police access to personal data stored on a mobile phone in the context of a criminal investigation. In the national case to be decided, the Austrian police had seized the mobile ...
BGH: Managers’ Personal Data in Commercial Registers
Corporate LawAccording to the German Federal Court of Justice (Bundesgerichthof, hereinafter BGH), listing personal data of managing directors in the commercial register must be tolerated. Neither under national law nor under the GDPR is there a right to data del...
ECJ Considers Immaterial Damages under GDPR
European LawArticle 82 of the GDPR is not punitive, but compensatory. Compensation in money should be a full compensation for the actual damage suffered. The plaintiff was the purchaser of an electrical household appliance in the defendant’s store. The plaintiff...
ECJ: Free First Copy of Patient Records
European LawThe European Court of Justice (ECJ) has ruled on the interpretation of the General Data Protection Regulation (GDPR). Patients have the right to request a first copy of their medical records free of charge. There does not have to be any reason for th...
ECJ: The Right to ‘a Copy’ under GDPR
European LawThe European Court of Justice (ECJ) has clarified that under the right to information pursuant to Article 15 of the General Data Protection Regulation (GDPR), copies of entire documents may have to be provided. In the original case, the complainant h...
OGH: Physicians' Rating Portal is Permissible
Data Privacy LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has declared the processing of personal data of physicians by a rating platform to be permissible. A Vienna ophthalmologist and the Vienna Medical Association sued a physicians' rating platform w...
OGH: Data processing in a teacher evaluation app is permissible after all
Öffentliches RechtIn this case, the Austrian Supreme Court (Oberster Gerichtshof, OGH) examined the question of prohibiting the processing of personal data in the course of evaluations of a teacher. The plaintiff is a teacher at an HTL (a Higher Technical Education In...
OGH to ECJ: Right to information: categories of recipients under GDPR
The Austrian Supreme Court (OGH) has referred a question to the European Court of Justice (ECJ) for a preliminary ruling regarding Art 15 (1) (c) of the General Data Protection Regulation (GDPR). The question is whether the data controller has the ri...
OGH: Statistically derived probability data constitute personal data
Data calculated via statistical probabilities and merely "attributed" to a person are also personal data within the meaning of the General Data Protection Regulation (GDPR). Upon the plaintiff's request, the defendant provided him with information ab...
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