Data protection authority
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| State level | Federation | ||
| Position of the authority | subordinate agency (not subject to instructions) | ||
| At sight | Federal Ministry of Justice | ||
| founding | January 1, 2014 ( Data Protection Commission 1978) | ||
| Headquarters | Vienna 3rd , Barichgasse 40–42 (before that Vienna 8th, Wickenburggasse 8-10 and until January 2018: Vienna 1st, Hohenstaufengasse 3) | ||
| Authority management | Andrea Jelinek | ||
| Website | www.dsb.gv.at | ||
The data protection authority (abbreviated DSB ) has been the authority responsible for data protection in Austria since January 1, 2014 . She is the successor to the Data Protection Commission ( DSK ).
History and organization
The data protection authority's predecessor was the Data Protection Commission, which existed until the end of 2013. The data protection commission was set up with the first data protection act (Federal Law Gazette No. 565/1978) and had its first meeting on April 25, 1979. Austria was one of the first European states with its own authority for data protection.
The data protection authority is affiliated with the Federal Ministry of Justice (until 7 January 2018: the Federal Chancellery) only in organizational terms (telephone number, etc.). It is an authority free of instructions. Due to the earlier closer organizational affiliation of the (then still: Data Protection Commission), the European Court of Justice ruled on October 16, 2012 that the Data Protection Commission did not have the "complete independence" required by Directive 95/46 / EC (Data Protection Directive) . This conviction was based on a complaint from the civil rights organization ARGE Daten to the European Commission . Based on the complaint, the European Commission initiated infringement proceedings against Austria before the European Court of Justice. Subsequently, in his final motion, the Advocate General of the European Court of Justice suggested that the ECJ allow the action. The European Court of Justice upheld the action on October 16, 2012. As a result of a change in the law, the data protection commission was set up as an independent authority and its complete independence within the meaning of the data protection directive was ensured.
As part of the 2012 amendment to the administrative jurisdiction , the data protection commission was subsequently dissolved on January 1, 2014. The 2014 amendment to the DSG meant that from January 1, 2014, the tasks of the data protection commission were taken over by an independent data protection authority organized as a monocratic authority. The new regulation is intended to continue to comply with the judgment of the European Court of Justice. The data protection authority is not subject to instructions and independently regulates internal duties.
Tasks and personal details
The tasks of the data protection authority are in particular:
- Maintaining the data processing register and checking compliance with the data protection act
- Decision on complaints from data subjects due to violations of the right to information, secrecy, deletion and rectification (provided the complaint is not directed against organs of legislation or jurisdiction)
- Approval of codes of conduct drawn up by industry associations within the framework of the General Data Protection Regulation (not yet observed)
Andrea Jelinek has been the head of the data protection authority since January 1, 2014 , and Matthias Schmidl is her deputy. Before that, Eva Souhrada-Kirchmayer was a managing member of DSK since July 1, 2010 , previously Waltraut Kotschy . These leaders are or were representatives of Austria in the Article 29 data protection group . The authorities are also members of the International Conference of Commissioners for Data Protection and the Protection of Privacy .
See also
Web links
Individual evidence
- ↑ About us. ( Memento of the original from July 21, 2016 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. dsb.gv.at
- ↑ a b Judgment of the European Court of Justice of October 16, 2012, Case C-614/10 ( Memento of the original of October 23, 2012 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ^ Opinion before the ECJ of July 3, 2012 in case C ‑ 614/10.
- ↑ ECJ lawyer: Austria violates data protection guidelines , accessed on July 3, 2012.
- ↑ Federal Law Gazette I No. 57/2013 : Amendment 2013.
- ↑ Explanations of the government bill (accessed September 3, 2013; PDF; 86 kB).
- ↑ Cf. Art. 151 Para. 51 Z 8 and Z 25 of the annex "Dissolved independent administrative authorities" of the Federal Constitutional Law in the version of the amendment to administrative jurisdiction ( Federal Law Gazette I No. 51/2012 )
- ↑ See the DSG amendment 2014 ( BGBl. I No. 83/2013 )
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