Regulatory Watch  /  Austria  /  Court ruling
Moderate impactCourt rulingDecided

Austrian Federal Administrative Court allows mobile providers to refuse access requests for location data without proof of exclusive use

The Austrian Federal Administrative Court (BVwG) ruled that A1 Telekom Austria may deny a data subject's request for traffic and location data unless the subject can prove exclusive use of the phone. The court deemed location data particularly sensitive but not personal if exclusive use cannot be demonstrated. noyb plans to appeal the decision to the Supreme Administrative Court.

Why it matters: The ruling could limit GDPR data‑subject access rights for mobile users across Austria and set a precedent for other sensitive data.

Summary generated from the sources below. Check the primary source before relying on it; this is not legal advice.

Sources
Cell phone not personal enough for GDPR protection?!
noyb · primary source · Mar 17, 2023
Cell phone not personal enough for GDPR protection?!
noyb · Mar 17, 2023
Details
JurisdictionAustria
RegulatorEDPB
CourtAustrian Federal Administrative Court (BVwG)
LawGeneral Data Protection Regulation
StatusDecided
PublishedMarch 17, 2023
Effectivenot stated
OrganisationsA1 Telekom Austria, noyb
Topicsaccess, transparency, privacy, data minimization, location
Datapersonal, location, precise geolocation