§ 61 BDSG
Legal remedy against decisions of the Federal Commissioner or in the event of the Federal Commissioner's failure to act
(1)Each natural or legal person shall have the right to an effective judicial remedy against a legally binding decision of the Federal Commissioner concerning him or her.
(2)Each data subject shall have the right to an effective judicial remedy where the Federal Commissioner does not handle a complaint or does not inform the data subject within three months of the progress or outcome of the complaint lodged pursuant to Section 60.