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Dr. Uwe A*** (complainant) – Complaint Upheld (Austria, 2020)

Complaint Upheld
Datenschutzbehörde19 November 2020Austria
final
Complaint Upheld

Privacy enforcement record

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A customer complained that a restaurant in Vienna required him to provide personal information for contact tracing related to COVID-19. The data protection authority found that the restaurant's collection of this information was not lawful because it was mandatory for entry, violating privacy rules. This case highlights the importance of obtaining proper consent when collecting personal data.

What happened

The restaurant required customers to provide their name, phone number, and table number for COVID-19 contact tracing.

Who was affected

Customers visiting the restaurant who were asked to provide personal information.

What the authority found

The authority ruled that the restaurant violated privacy rules by not obtaining valid consent for processing personal data.

Why this matters

This decision emphasizes that businesses must ensure they have proper consent when collecting personal data, especially during health crises. It serves as a reminder for restaurants and similar businesses to review their data collection practices.

Recorded legal citations
Automatically processed
Art. 5(1)(a) GDPR
Art. 6(1)(c) GDPR
Art. 9(1) GDPR
Art. 9(2) GDPR
Art. 9(2)(a) GDPR
Art. 9(2)(i) GDPR
Art. 4(15) GDPR
View original scraped data
Art. 4(15) GDPR
Art. 5(1)(a) GDPR
Art. 6(1)(c) GDPR
Art. 9(1) GDPR
Art. 9(2) GDPR
Art. 9(2)(a) GDPR
Art. 9(2)(i) GDPR

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

National Law Articles
AI-identified
Viennese Contact Tracing Regulation (Verordnung des Magistrats der Stadt Wien betreffend Auskunftserteilung für Contact Tracing im Zusammenhang mit Verdachtsfällen von COVID-19 - Wiener Contact-Tracing Verordnung)
§ 1 Austrian Data Protection Act (Datenschutzgesetz - DSB)
§ 5 Austrian Epidemic Law (Epidemiegesetz 1950)
Article 8 ECHR

Entities Involved

Dr. Uwe A*** (complainant)
X*** Gaststätten GmbH (respondent)

Source checks

Linked-source text retrieved.

Automated check recorded — 23 March 2026.

Processing notes: articles corrected, national law identified.

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 data subject (customer) filed a complaint against a Viennese restaurant claiming a violation of § 1 Austrian Data Protection Act (Datenschutzgesetz - DSG) and Article 6 GDPR: the restaurant required customers to provide their name, phone number, email (optional) and table number upon being seated. In its data protection notice, the restaurant stated that it collected said data "to protect the life and health of our employees and our guests in connection with the occurrence of the coronavirus and the COVID-19 epidemic". The customer provided his data by using a QR-Code Scanner on 2 October 2020 and sent an access request under Article 15 GDPR afterwards. In their reply the restaurant stated that the processing was based on the Viennese Regulation on Contact Tracing (Wiener Contact-Tracing Verordnung). Was it lawful under Articles 6 and 9 GDPR to collect data on the customer for the purposes stated by the restaurant? The DSB held, that the data provided by the customer qualify as health data under Article 4(15) GDPR. Data such as name, phone number, email do not qualify as health data per se but in the context of COVID-19 contact tracing they contain information about the past, present and future physical or mental state of health of the customer. The data are supposed to be processed solely to protect the health of restaurant customers and to forward this data to the local authorities in accordance with the Austrian Epidemic Law. Accordingly, the data processing must also be compliant with the requirements of Article 9 GDPR. In the DSB held that the processing violated Articles 5, 6 and 9 GDPR: *Consent under Articles 6(1)(a), 7 and 9(2)(a) GDPR cannot be considered as freely given in the context at hand. It was obligatory for the customer to provide his data to the restaurant, otherwise he would not have been allowed to enter the restaurant or would have been asked to leave. In addition, there was no acceptable alternative for the customer, because all resta

Outcome

Complaint Upheld

A data subject complaint that was upheld by the DPA.

Related Enforcement Actions (0)

No other enforcement actions found for Dr. Uwe A*** (complainant) in AT

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

Details

Decision Date

19 November 2020

Authority

Datenschutzbehörde

About this data

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

Cite as: Cookie Fines. Dr. Uwe A*** (complainant) - Austria (2020). Retrieved from cookiefines.eu

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