DSB (Austria) · 24 November 2025
Not named in the source
About: Data principles, Data subject rights, Unlawful processing
What happened next. Not final: the complainant appealed to the Federal Administrative Court (BVwG); the case is pending. Source →
- Regulator
- DSB (Austria)
- Decided
- 24 November 2025
- Country
- Austria
- Sector
- Not given
- Regulator’s reference
- 2024-0.835.856
- Fino case number
- 2025/AT/033
What happened
The DPA held that an organisation could retain a job applicant’s personal data after their rejection, as doing so served its legitimate interest in defending itself against possible legal claims raised by the applicant. In particular, the DPA considered that the applicant already announced legal action against the controller.
Summary from GDPRhub (noyb), written by its volunteers, not by Fino. CC BY-NC-SA 4.0.
Rules involved
- Art. 5Principles relating to processing of personal data5(1)(a) · 5(1)(b) · 5(1)(c)Read →
- Art. 6Lawfulness of processing6(1)(b) · 6(1)(f) · 6(4)Read →
- Art. 17Right to erasure (‘right to be forgotten’)17(1) · 17(3)(e)Read →
- Data principles
- Data subject rights
- Unlawful processing
Sources
The facts on this page come from the sources above, as they recorded them. Nothing has been estimated or filled in. Not legal advice.
Spotted a mistake? Write to angelillolorenzo@gmail.com and quote 2025/AT/033.