C027 A1 Telekom Austria

This case is a purely national case, regarding incomplete access under Article 15 GDPR to traffic and geolocation data processed by A1, the national phone carrier of Austria. The practices of A1 were accepted by the Austrian DPA (DSB) even prior to GDPR and also in codes of conduct under Article 40 GDPR.

In October 2021, the DSB issued a decision dismissing most parts of the complaint. It argued that the data subject could not prove that he was the sole user of his cell phone at all times and therefore would not be entitled to access on the geolocation data generated by his mobile phone. Regarding traffic data, the DSB held that the national rules implementing the e-Privacy Directive qualifies as lex specialis prevailing over Article 15 GDPR.

noyb filed an appeal against the somewhat puzzling decision of the DSB. The appeal is currently pending with the Federal Administrative Court (BVwG).

See the following links for details:

https://noyb.eu/en/a1-where-were-you-none-your-business

https://noyb.eu/en/cell-phone-data-not-personal-noyb-appeals-federal-ad…