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

Court case W256 2214855-1/6E – Court Ruling (Austria, 2019)

Court Ruling
Datenschutzbehörde20 November 2019Austria
final
Court Ruling

Privacy enforcement record

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In Austria, a family member installed cameras in their home, leading to complaints from others in the house. The data protection authority found that it couldn't confirm if personal data was actually processed, so the case was sent back for further investigation.

What happened

The data protection authority ordered an investigation into the use of surveillance cameras in a family's home.

Who was affected

Family members living in the house where the cameras were installed.

What the authority found

The authority determined that it could not confirm whether personal data was processed by the cameras, making the initial decision invalid.

Why this matters

This case highlights the importance of thorough investigations in privacy complaints. Home surveillance can raise privacy concerns, and families should consider the implications of using such technology.

Recorded legal citations
Automatically processed
Art. 6(1)(f) GDPR
View original scraped data
Art. 6(1)(f) GDPR

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

National Law Articles
AI-identified
1 §1 DSG
2 §12 DSG
§28 VwGVG
Decision AuthorityBVwG
Reviewed AuthorityDSB (Austria)

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Automated check recorded — 18 March 2026.

Processing notes: articles corrected, national law identified, authority corrected.

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Full Legal Summary
Detailed

Different family members live in different parts of a house. One family member installed six cameras to film different parts of the property, claiming that for example postal letters were stolen. The other family members filed a "report" (Anzeige) with the DPA. The DPA understood the "report" to be a complaint under Article 77 GDPR. The DPA asked the local district authority (Bezirksverwaltungsbehörde) to investigate certain facts on behalf of the DPA and issued an order to stop the processing of personal data. The DPA has not found which exact areas were filmed and if the complaint was actually subject to CCTV surveillance. Has the DPA investigated all relevant facts? It is crucial that the data of the complainant was de facto processed. The DPA made no such finding in the entire decision. The decision was therefore invalid and was returned to the DPA to make these investigations.

Outcome

Court Ruling

A ruling by a national court on a data-protection matter.

Related Cases (0)

No other cases found for Court case W256 2214855-1/6E in AT

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

Details

Ruling Date

20 November 2019

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. Court case W256 2214855-1/6E - Austria (2019). Retrieved from cookiefines.eu

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