Christian Wirthensohn – Court Ruling (Austria, 2020)

Court Ruling
DPA LGFeldkirch13 February 2020Austria
final
Court Ruling

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 court ruled that a person could not claim damages just because their political opinions were processed without consent. The court decided that the person didn't prove they suffered any emotional harm. This case is important because it clarifies that not all GDPR breaches automatically lead to compensation.

What happened

The court ruled that the plaintiff did not prove emotional harm from the unauthorized processing of their political opinions.

Who was affected

The individual whose political opinions were processed without consent.

What the authority found

The court held that the plaintiff did not sufficiently prove non-material damage from the GDPR breach, so no compensation was awarded.

Why this matters

This decision clarifies that individuals must demonstrate actual harm to receive compensation for GDPR breaches. It highlights the importance of proving specific damages when seeking redress under GDPR.

GDPR Articles Cited

Art. 82 GDPR
Art. 99(2) GDPR

National Law Articles

§ 29(1) Austrian Data Protection Act (DSG)
§ 69(5)Austrian Data Protection Act (DSG)
§ 70(1) Austrian Data Protection Act (DSG)
§ 1293 Austrian Civil Code (ABGB)
Decision AuthorityOLG Innsbruck
Reviewed AuthorityLG Feldkirch (Germany)
Full Legal Summary
Detailed

The plaintiff, data subject, argued that the defendant, data controller, had violated their rights by processing information about their political opinions, a special category of personal data prohibited from processing in accordance with article 9 GDPR, thus causing non-material damage to them. Therefore, the plaintiff exercised their right to receive compensation resulting from article 82(1) GDPR, asking for the data controller to be held liable for the damage caused to them by the data processing which infringed the GDPR. Should a breach of GDPR provisions by a data controller be automatically considered to have caused a damage for the data subject whose data was processed unlawfully, thus granting them the right to compensation as set out in article 82(1) GDPR? = The plaintiff argued incorrect legal assessment of the case by the by the LG Feldkirch. Also, he argued that substantial facts of the case had not been established by the LG Feldkirch and that he should have been awarded the whole amount that he sued for (€ 2.500). = The defendant also argued incorrect legal assessment of the case, as - in its point of view - there had been no processing of special categories of personal data and no actual (emotional) damage occured. It argued that the plaintiff had failed to state, why and in what regard he had actually sufferd emotional damages. Consequently, the LG Feldkirch had only found, that certain GDPR provisions have been violated, but had not establised what acutal emotional damage the plaintiff had suffered. The OLG of Innsbruck rejected the claim and gave reason to the data controller, holding that the data subject had not sufficiently proved that they had suffered of a non-material damage caused by the infringement of the GDPR. The data subject should have been able to cumulatively prove the disadvantage in life and the impairment of personality rights that the breach of the law by the data controller caused for them. Only then could it have been con

Outcome

Court Ruling

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

Related Cases (0)

No other cases found for Christian Wirthensohn in AT

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

Details

Ruling Date

13 February 2020

Authority

DPA LGFeldkirch

About this data

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Cite as: Cookie Fines. Christian Wirthensohn - Austria (2020). Retrieved from cookiefines.eu

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