Status: 01/12/2023 1:02 p.m
Where does personal data end up? And what rights do consumers have to know? The European Court of Justice has dealt with these questions and made it clear that everyone is entitled to know what happens to their data.
Everyone has the right to know who their personal data has been shared with. This was decided by the European Court of Justice (ECJ) in Luxembourg. However, the court allowed exceptions. If the recipients cannot be identified or if the citizen’s request for information is demonstrably unfounded or excessive, only the categories of recipients may be communicated.
In the case it was about the Austrian Post. The plaintiff wanted to know whether and to whom Swiss Post had passed on personal data about him. It relied on the General Data Protection Regulation (GDPR). This provides that a data subject has the right to obtain information from the person responsible about the recipients or categories of recipients to whom their personal data has been or will be disclosed.
Post in Austria passed on data
In answering the citizen’s request, Austrian Post limited itself to the statement that it uses personal data, insofar as this is legally permissible, in the context of its work as a publisher of telephone directories and offers this data to business customers for marketing purposes. The citizen then brought an action against Österreichische Post before the Austrian courts. She later substantiated her statement and explained that these business customers included trading companies, address publishers and political parties.
The Supreme Court of Austria, which is now dealing with the case, has now asked the ECJ to interpret the General Data Protection Regulation. After his verdict, he must now decide in the specific case.
Ref. C-154/21