Wed. Sep 18th, 2024
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Bonitätsbeurteilung: Schlussanträge des Generalanwalts am Gerichtshof in der Rechtssache C-203/22 Dun & Bradstreet Austria
12 September
Donnerstag, den 12. September 2024
Schlussanträge des Generalanwalts am Gerichtshof in der Rechtssache C-203/22 Dun & Bradstreet Austria
Auskunftsanspruch bei automationsunterstützter Bonitätsbeurteilung
Ein Mobilfunkbetreiber in Österreich lehnte den Abschluss bzw. die Verlängerung eines Mobilfunkvertrags mit einer Kundin mit der Begründung ab, dass sie keine ausreichende Bonität aufweise. Dafür stützte sich der Mobilfunkbetreiber auf eine Bonitätsbeurteilung, welche die Wirtschaftsauskunftei Bisnode Austria (jetzt Dun & Bradstreet Austria) automationsunterstützt vorgenommen hatte.
Auf Antrag der Kundin hin verpflichtete die österreichische Datenschutzbehörde Bisnode Austria zur Bekanntgabe aussagekräftiger Informationen über die involvierte Logik der automatisierten Entscheidungsfindung.
Bisnode Austria ist der Ansicht, dass der der Verarbeitung zugrundeliegende Algorithmus ein schutzwürdiges Betriebsgeheimnis sei. Ihre Beschwerde beim Bundesverwaltungsgericht blieb jedoch ohne Erfolg: Das Bundesverwaltungsgericht trug Bisnode Austria auf, der Kundin binnen zwei Wochen aussagekräftige Informationen über die involvierte Logik zur Verfügung zu stellen, oder ausreichend zu begründen, weshalb sie diese Auskunft nicht erteilen könne.
Das Verwaltungsgericht Wien ist mit einem Verfahren betreffend die Vollstreckung des Erkenntnisses des Bundesverwaltungsgerichts befasst. Es ersucht den Gerichtshof um Klärung, in welchem Umfang nach der Datenschutz-Grundverordnung Auskunft zu automationsunterstütztem Profiling bei der Bonitätsbewertung von Personen zu gewähren ist und welche Auskunftspflichten einen Verantwortlichen zusätzlich zur bloßen Bekanntgabe der involvierten Logik treffen.
Generalanwalt Richard de la Tour legt heute seine Schlussanträge vor.
Details
- Date:
- 12 September
- Event Categories:
- EU Court of Justice, EVENT, IEU AGENDA
- Event Tags:
- C-203/22 Dun & Bradstreet Austria
Venue
- EU Court of Justice
-
Palais de la Cour de Justice, Boulevard Konrad Adenauer, Kirchberg
Luxembourg, 2925 Luxembourg + Google Map - Phone
- +35243031
Organizer
- EU Court of Justice
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