unknown natural person (fined controller) – €150 Fine (Austria, 2020)

€150Datenschutzbehörde19 October 2020Austria
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 man was fined for secretly filming a woman in a public restroom using his smartphone. The Austrian Data Protection Authority found this violated privacy laws because he didn't have her consent. This case highlights the importance of respecting personal privacy, even in public spaces.

What happened

A man filmed a woman in a public restroom without her consent using his smartphone.

Who was affected

The woman who was filmed in the public restroom.

What the authority found

The authority ruled that filming someone without consent in a private setting violated GDPR's privacy requirements.

Why this matters

This case underscores that privacy laws apply to individuals, not just companies, and personal actions can lead to fines. It serves as a reminder to respect others' privacy in all settings.

GDPR Articles Cited

Art. 4(2) GDPR
Art. 5(1)(a) GDPR
Art. 6(1) GDPR
Art. 83(5)(a) GDPR

National Law Articles

§ 19 Austrian Administrative Penal Act (Verwaltungsstrafgesetz 1991 - VStG)
Full Legal Summary
Detailed

On 02.11.2019, the controller (male natural person, name redacted) filmed a woman while she was using a public restroom by pushing his smartphone under a cubicle partition. The screen of the phone was pointing upwards and the front camera was active during the entire process. After the woman realised that she was being filmed, she confronted the controller and called the police. As the controller had not obtained the consent of the woman he filmed and there was no other legal basis for processing under Article 6 GDPR, the controller had violated Article 5(1)(a) and Article 6(1) GDPR. Taking into account the low income of the controller, the Austrian Data Protection Authority (DSB) imposed a fine of only EUR 150 under Article 83(5)(a) GDPR.

Related Enforcement Actions (0)

No other enforcement actions found for unknown natural person (fined controller) in AT

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

Details

Fine Date

19 October 2020

Authority

Datenschutzbehörde

Fine Amount

€150

GDPRhub ID

gdprhub-2976

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. unknown natural person (fined controller) - Austria (2020). Retrieved from cookiefines.eu

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