Description
On 1 September 2025, the Austrian Federal Administrative Court (BVwG) ruled that the Labour Market Opportunities Assistance System (AMAS), developed by the Public Employment Service (AMS), does not breach the General Data Protection Regulation (GDPR). This decision followed a previous ruling by the Administrative Court, which had overturned an earlier BVwG judgment and called for a fresh legal review.
Key Points
- The AMAS tool, often referred to as the “AMS algorithm”, uses personal data to assess job seekers’ prospects in the labour market.
- The court confirmed that AMS advisors retained full decision-making authority and could override the algorithm’s recommendations using additional information.
- The BVwG concluded that this human oversight meant the system did not constitute prohibited automated decision-making or profiling.
- The ruling followed a prolonged legal dispute that began in August 2020, when the data protection authority banned the use of the algorithm, citing insufficient legal grounds for data processing.
AMS appealed the decision, and in December 2020, the BVwG initially ruled in its favour. However, the data protection authority escalated the matter to the Higher Administrative Court, which ordered a reassessment.
In its latest decision, the BVwG upheld the legality of the AMAS system and did not permit a further ordinary appeal. The data protection authority may still pursue an extraordinary appeal.
The court’s decision supports the continued use of the AMAS tool, provided that human oversight remains integral to the assessment process. The data protection authority retains the option to challenge the ruling through an extraordinary appeal.
- Keywords
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privacy and data protection,
algorithmic management,
platformisation of work
- Actors
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Court,
Administrative authority
Sources