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Austria · Geography does not establish applicable law.
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DSB (Austria) – Court Ruling (Austria, 2021)

Court Ruling
DPA BVwG7 December 2021Austria
final
Court Ruling

Privacy enforcement record

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An Austrian court ruled that a kindergarten shared personal information about children without proper consent from their guardians. This ruling matters because it emphasizes the need for clear consent when sharing personal data. Small businesses should ensure they have permission before disclosing any personal information.

What happened

A private kindergarten shared a list of children's names and details with the municipality without obtaining consent from their guardians.

Who was affected

The minors attending the kindergarten and their legal guardians were affected by the unauthorized sharing of their information.

What the authority found

The court decided that the kindergarten did not have the right to share the children's information with the municipality without consent from their guardians.

Why this matters

This ruling reinforces the importance of obtaining consent before sharing personal data. It serves as a warning for organizations to be diligent about privacy regulations.

Recorded legal citations
Automatically processed
Art. 6(1)(a) GDPR
Art. 4(10) GDPR
View original scraped data
Art. 4(10) GDPR
Art. 6(1)(a) GDPR

Original imported citations before automated processing; the processing history does not establish independent verification.

Decision AuthorityBVwG

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Full Legal Summary
Detailed

The two data subjects of this case are minors. They are visiting a private kindergarten. The private kindergarten gave – with the consent of the legal guardians of the data subjects – a list to the municipality of its seat (the controller) which consisted of the name, date of birth and date of admission of all kids attending the kindergarten. Because the municipality did not want to bear the costs for children having their residence in another municipality, it sent a letter to all parents requesting them to take the letter to the municipality of their residence and ask for their financial support. This letter consisted of the already mentioned list as well as another list which additionally contained the days of absence, overall days and the calculated share of costs of each child. The controller did not ask the legal guardians of the data subjects for their consent before sending the letter out to all parents. The data subjects – represented by their legal guardians – filed a complaint with the DPA. The DPA sustained the complaint. The Federal Administrative Court (Bundesverwatungsgericht – BVwG) upheld the decision of the DSB. The court concluded that the head of the kindergarten was a third party according to Article 4(10) GDPR with respect to the sending of the letters. The consent given to the head of the kindergarten did not extend to the municipality and did not encompass the disclosure of the data to the other legal guardians.

Outcome

Court Ruling

A ruling by a national court on a data-protection matter.

Details

Ruling Date

7 December 2021

Authority

DPA BVwG

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. DSB (Austria) - Austria (2021). Retrieved from cookiefines.eu

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