DPA case 2024-0.796.258 – €2,000 Fine (Austria, 2024)

€2,000Datenschutzbehörde12 December 2024Austria
final
Fine

General GDPR enforcement action

This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.

An Austrian company was fined for secretly taking and storing nude pictures of a person without their consent. Although the initial picture was taken with permission, the company violated privacy rules by sending and keeping additional images. This case serves as a warning that even seemingly minor privacy breaches can lead to serious consequences.

What happened

The company took additional nude pictures of a person without their consent and stored them on their phone for a day.

Who was affected

The person whose nude pictures were taken and stored without their consent.

What the authority found

The authority determined that the company violated GDPR rules by processing sensitive personal data without a valid legal basis for the additional pictures.

Why this matters

This ruling highlights the importance of obtaining clear consent for all personal data processing, especially when dealing with sensitive information. Companies should ensure they have proper consent mechanisms in place.

GDPR Articles Cited
Automatically processed
Art. 5(1)(a) GDPR
Art. 5(1)(b) GDPR
Art. 5(1)(c) GDPR
Art. 9(2) GDPR
View original scraped data
Art. 5(GDPR)
Art. 9(GDPR)

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

National Law Articles
AI-identified
§ 16 Verwaltungsstrafgesetz 1991 – VStG
§ 64 Verwaltungsstrafgesetz 1991 – VStG

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Full Legal Summary
Detailed

The controller and the data subject had agreed that the controller would take one nude picture of the data subject for the data subject’s personal use. The controller took this picture. However, the controller had secretly taken more nude pictures of the data subject on the data subject’s phone. He then sent the pictures to his own phone without the data subject’s consent. The controller stored the pictures on his phone for one day. The data subject noticed the next day and demanded the controller to delete the pictures. The controller responded that he can delete the pictures and that he merely wanted to photoshop them for the data subject. The controller did delete the pictures. The data subject filed a complaint on the 28 August 2024 with the Austrian DPA (Datenschutzbehörde – DSB) against the controller. Throughout the course of the investigation, the controller did not respond to any of the requests of the DSB. The DSB held that the taking of the pictures did not constitute unlawful processing as the data subject’s consent had been obtained. However, for the transmission of the pictures to his own phone and the storage for one day, the controller was held to have violated Article 9(2) GDPR, Article 5(1)(a),(b)&(c) GDPR. The court found that the nude pictures related to the data subject's sex life and therefore constituted sensitive data under Article 9 GDPR. The court highlighted that it did not matter whether the controller knew he was violating the GDPR. The court considered that the controller had deleted the pictures after he was requested to do so. The court based the fine off the median income of film crew, which was the controller’s profession. Therefore, the DSB set a fine of €2,000 for the unlawful processing.

Related Enforcement Actions (0)

No other enforcement actions found for DPA case 2024-0.796.258 in AT

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

Details

Fine Date

12 December 2024

Authority

Datenschutzbehörde

Fine Amount

€2,000

GDPRhub ID

gdprhub-8797

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Data: GDPRhub (noyb.eu)
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Cite as: Cookie Fines. DPA case 2024-0.796.258 - Austria (2024). Retrieved from cookiefines.eu

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