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Austria · Geography does not establish applicable law.
Confirmed applicable legislation

Albin D. (controller) – €1,200 Fine (Austria, 2026)

€1,200Datenschutzbehörde9 June 2026Austria
final
Fine

Privacy enforcement record

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An Austrian employee was fined for taking and sharing unauthorized photos of patients at a care facility. The authority found that the employee acted outside his work duties and violated privacy laws. This case shows the importance of respecting privacy, especially in sensitive environments like healthcare.

What happened

An employee took and shared unauthorized photographs of patients in a care facility.

Who was affected

Patients at a care facility whose images were taken and shared without consent.

What the authority found

The authority determined that the employee unlawfully processed personal data by taking and disclosing the photographs without a legal basis.

Why this matters

This ruling serves as a reminder for employees in sensitive fields to adhere to privacy laws and organizational policies to protect individuals' personal information.

Recorded legal citations
Automatically processed
Art. 4(2) GDPR
Art. 4(7) GDPR
Art. 5(1)(a) GDPR
Art. 5(1)(b) GDPR
Art. 6(1) GDPR
Art. 9(2) GDPR
Art. 4(15) GDPR
Art. 83(2)(a) GDPR
Art. 83(2)(b) GDPR
Art. 83(2)(e) GDPR
Art. 83(2)(f) GDPR
Art. 83(2)(g) GDPR
Art. 83(2)(k) GDPR
Art. 83(3) GDPR
Art. 83(5)(a) GDPR
View original scraped data
Art. 4(2) GDPR
Art. 4(7) GDPR
Art. 4(15) GDPR
Art. 5(1)(a) GDPR
Art. 5(1)(b) GDPR
Art. 6(1) GDPR
Art. 9(2) GDPR
Art. 83(2)(a) GDPR
Art. 83(2)(b) GDPR
Art. 83(2)(e) GDPR
Art. 83(2)(f) GDPR
Art. 83(2)(g) GDPR
Art. 83(2)(k) GDPR
Art. 83(3) GDPR
Art. 83(5)(a) GDPR

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

Entities Involved

Albin D. (controller)
Relief organization (employer)
Maria O. (data subject)
Berta V. (data subject)

Source checks

Secondary-source text retrieved.

Automated check recorded — 7 October 2026.

Processing notes: articles corrected.

Retrieved text may be a secondary summary or an announcement. These automated statuses do not establish that the original decision was read or that the record received an independent legal review. How we check sources

Full Legal Summary
Detailed

The employee, acting as a controller, was working for a rescue and aid organisation that operated a care facility for people with special needs. Between 1 December and 19 December 2025, he used his private smartphone to photograph two patients in wheelchairs. Their physical impairments and their use of care or health services were visible in the pictures, meaning that the images revealed information about their health. The images were shared to third parties through a chat application. The controller made the decision to take and disclose the photographs himself, acted outside his work duties and did not pursue any purpose connected with caring for the patients or operating the facility. The organisation informed the DPA of the incident. First, the DPA held that taking the pictures constituted the collection or recording of personal data, while sharing them through a chat application constituted disclosure by transmission or another form of making the data available under Article 4(2) GDPR, which qualifies both as processing data. Second, the authority held that the employee, rather than the organisation, was the controller under Article 4(7) GDPR as he determined the purposes and means of the processing, used his private smartphone and acted outside the scope of his duties for his own purposes. The organisation was therefore not the controller for this processing. Third, it held that the photographs contained health data under Article 4(15) GDPR. The patients appeared as persons receiving care in a specialised facility, and the photographs revealed their physical impairments and use of care or health services. The processing therefore concerned a special category of personal data. Fourth, the DPA considered that lawful processing had to comply with the principles in Article 5(1) GDPR and have a legal basis under Article 6(1) GDPR. Because the photographs contained health data, the processing also required an applicable exception under Article 9(2) GDPR. It found that it had no legitimate purpose, no legal basis and no applicable exception. The DPA therefore held that the processing was unlawful and that the data subject had violated Article 5(1), 6 (1) and 9(1) GDPR and ultimately imposed a €1,200 fine under Article 83(5)(a) GDPR.

Related Enforcement Actions (0)

No other enforcement actions found for Albin D. (controller) in AT

This is the only recorded action for this entity in this jurisdiction.

Details

Fine Date

9 June 2026

Authority

Datenschutzbehörde

Fine Amount

€1,200

GDPRhub ID

gdprhub-10317

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
Automatically normalized and classified

Cite as: Cookie Fines. Albin D. (controller) - Austria (2026). Retrieved from cookiefines.eu

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