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A-1030 Wien
Tel.: +43-1-52152
E-Mail: [email protected]
GZ: D155.097
2024-0.127.165 Sachbearbeiterin:
Datenschutzbeschwerde (§ 24 DSG)
(A56ID 493229)
FINAL DECISION
Subject: Discontinuation of the procedure
The complainant lodged a complaint with the Dutch Data Protection Authority
against (respondent). This complaint was submitted to the Austrian Data Protection
Authority (hereinafter: DSB) on 6 March 2023.
In the complaint, the complainant claimed an infringement of the right to erasure. He had made an
account with the respondent and requested an erasure in this regard pursuant to Article 17 GDPR. The
respondent replied that the account could only be deactivated but not deleted, especially since there is
a legal obligation to keep certain data for up to ten years.
By letter of 29 March 2023, the DSB invited the respondent to submit observations.
The respondent stated on 12 April 2023 that, after extensive investigation, neither the respondent nor
any other company of the processes the complainant’s data.
On 28 August 2023, the DSB submitted the respondent’s comments to the Dutch Data Protection
Authority, as well as a letter of the DSB dated 24 August 2023, with the request to submit the documents
to the complainant in order to grant the right to be heard. In that letter, the DSB stated that, according
to the statement of the respondent, it complied with the request of the complainant in the sense of an
amicable agreement pursuant to para. 24(6) of the Austrian Data Protection Act (hereinafter: DSG).
The complainant was also asked to state, if necessary, well-founded reasons why he still considers, at
least in part, the original infringement not to be remedied. Otherwise, the DSB will discontinue the
procedure informally.
The Dutch Data Protection Authority informed the DSB on 29 August 2023 that it had submitted the
documents to the complainant. On 18 September 2023, the Dutch Data Protection Authority informed
the DSB that the complainant did not reply to the letter.
-2–
The respondent complied with the complainant’s request for erasure and confirmed in the course of the
proceedings that no personal data concerning the complainant is being processed, which subsequently
remedied the alleged infringement of the non-erasure, within the meaning of para. 24(6) first sentence
DSG.
Despite the possibility to do so, the complainant did not make any further submissions.
Accordingly, pursuant to para. 24(6) DSG, the complaint procedure was to be discontinued informally
as communicated to the complainant by letter of the DSB of 24 August 2023.
15. Februar 2024
Für den Leiter der Datenschutzbehörde: