Ulrike A*** (complainant) – Dismissed (Austria, 2020)

Dismissed
Datenschutzbehörde1 September 2020Austria
final
Dismissed

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.

The Austrian Data Protection Authority dismissed a complaint by Ulrike A***, who wanted her personal data erased from a media company's article. The authority found the company was acting for journalistic purposes, which meant the GDPR didn't apply. This decision highlights that media companies have special protections when publishing content in the public interest.

What happened

Ulrike A***'s request to have her personal data erased from an online article was dismissed because the publication was for journalistic purposes.

Who was affected

Ulrike A***, a former politician mentioned in a media article about legal procedures she was involved in.

What the authority found

The Austrian authority decided it wasn't competent to handle the complaint because the media company was acting under journalistic purposes, exempting it from certain GDPR rules.

Why this matters

This case shows that media companies can publish personal data if it's for journalistic purposes and in the public interest, even if someone requests erasure. Website operators should understand that GDPR exemptions exist for journalism, affecting how privacy rules apply to published content.

GDPR Articles Cited

Art. 17(1) GDPR
Art. 85(1) GDPR
Art. 85(2) GDPR

National Law Articles

Article 10 ECHR
§ 1 Mediengesetz
§ 9 Datenschutzgesetz - DSG

Entities Involved

Ulrike A*** (complainant)
Verein N*** (respondent)
Full Legal Summary
Detailed

In June 2019, the complainant requested erasure of her personal data from the respondent's website, claiming that an article on that website contained wrong statements about her. After the respondent’s refusal to do so, the complainant lodged a complaint with the DSB. The respondent argued that publishing the article on its website qualified as processing carried out for journalistic purposes under Article 85 GDPR and § 9(1) of the Austrian Data Protection Act (Datenschutzgesetz - DSG). Due to the derogations in § 9(1) DSG, the DSB would hence not be competent to handle the complaint. *Is the DSB competent to handle the complaint or is the processing on the respondent's website subject to Article 85 GDPR and § 9(1) of the Austrian Data Protection Act? *Did the respondent violate the complaint's right to erasure under Article 17 GDPR? The DSB held, that the respondent qualifies as a media company under § 1(1)(6) of the Austrian Media Act, because it is a company which creates the content of the medium and handles the production, distribution, broadcasting and retrievability of the medium. It further held, that the data processing (publishing the complainant's personal data in an online article) was carried out for journalistic purposes. As the complainant is an former politician and the article revolved around legal procedures that she is involved in there was a public interest in mentioning the complainant's name. Under Article 9(1) DSG, Chapter III and Chapter VI of the GDPR do not apply on data processing carried out by media companies for journalistic purposes. Such GDPR violations must be tried before civil courts. Hence, the DSB considered itself not competent, rejected the complaint and did not investigate the alleged violation of Article 17 GDPR.

Outcome

Dismissed

The complaint or investigation was dismissed.

Related Enforcement Actions (0)

No other enforcement actions found for Ulrike A*** (complainant) in AT

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

Details

Decision Date

1 September 2020

Authority

Datenschutzbehörde

GDPRhub ID

gdprhub-2858

About this data

Data: GDPRhub (noyb.eu)
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Cite as: Cookie Fines. Ulrike A*** (complainant) - Austria (2020). Retrieved from cookiefines.eu

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