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Rights of the Data Subject

The Data Protection Act 2000 provides Data Subjects with the following rights:

  • Right to Secrecy (Sect.1 para. 1 DSG)
  • Right to Information to (Art. 13 and 14 GDPR)
  • Right of access (Art. 15 GDPR)
  • Right to rectification (Art. 16 GDPR)
  • Right to erasure (Art. 17 GDPR)
  • Right to restriction of processing (Art. 18 GDPR)
  • Right to data portability (Art. 20 GDPR)
  • Right to object (Art. 21 GDPR)
  • Right not to be subject to automated individual decision-making(Art. 22 GDPR)

Right to Secrecy

Every person shall have the right to secrecy of the personal data concerning that person, especially with regard to the respect for his or her private and family life, insofar as that person has an interest which deserves such protection. Such an interest is precluded if data cannot be subject to the right to secrecy due to the data’s general availability or because they cannot be traced back to the data subject (Sect. 1 para. 1 Datenschutzgesetz).

The right to secrecy is a special right granted by the Austrian data protection act (Datenschutzgesetz, short DSG). It can be enforced before the data protection authority against a controller subject to the Datenschutzgesetz.

Complaint limitation period

Please also note that the right to lodge a complaint with the DPA expires if the complainant does not file it within one year after he/she becomes aware of the burdnening event, and at the latest within three years after the event is alleged to have taken place. Late complaints are rejected by the DPA.

Further information

The other rights are contained in the GDPR and are the same all over Europe. All complaints before the Austrian data protection authority must be made in German. All forms can be found on our German website "Dokumente".

Further information is available in German: Ihre Rechte als Betroffener.