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“Party affinity” data may not be processed without the consent, Austrian court rules

The Federal Administrative Court of Austria confirmed by its decision of 26 November 2020 the stance of the Austrian Data Protection Authority (“Datenschutzbehörde“) that so-called “party affinity” data may not be processed without the data subject’s consent.

Most importantly, the Court clarified that data about an individual fall within the scope of “personal data” even if they only reflect probable and not actual characteristics of individuals. This judgement is one of the few judicial decisions rendered in recent years which establish that the concept of personal data includes more than facts about an individual.

Source: Austria: Probabilities as personal data | BDK Advokati

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