Austrian DPA Fine for ignoring several requests to provide information concerning an alleged infringement of the GDPR

9 June 2021 Austria

In a complaint procedure pursuant to Article 77(1) GDPR, the alleged controller was requested to provide information concerning an alleged infringement of the GDPR. Despite being requested several times, the alleged controller ignored all requests by the Austrian DPA and even refused to appear before the Authority when subpoenaed for an oral examination and when threatened with a fine of EUR 500,--- in case he would not appear. Consequently, the Austrian DPA requested the local District Authority to forcibly collect the fine. When being faced with this fine, the alleged controller eventually provided the information. It has to be noted that the subpoena was based on Austrian procedural law rule. However, Article 31 GDPR also stipulates the obligation to cooperate with the DPA in the performance of its tasks while the violation of this obligation can result in imposing administrative fines pursuant to Article 83 GDPR. In the past, the Austrian DPA has made use of both, Austrian procedural law rule and the cooperation obligation stipulated in the GDPR itself to obtain information from controllers who persistently refused to do so.

For further information, please contact the Austrian DPA: dsb@dsb.gv.at

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