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Christian Wirthensohn – Court Ruling (Austria, 2020)

Court Ruling
DPA LGFeldkirch13 February 2020Austria
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Court Ruling

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A court ruled that a data subject could not claim compensation for emotional damage without proving actual harm. This is significant because it sets a standard for how claims for damages are evaluated in data protection cases.

What happened

A court rejected a claim for compensation from a person who argued their rights were violated by processing their political opinions.

Who was affected

The individual who claimed emotional damage due to the processing of their personal data.

What the authority found

The court held that the individual did not sufficiently prove they suffered emotional damage from the data processing violation.

Why this matters

This ruling clarifies that individuals must demonstrate actual harm to receive compensation, impacting future claims in data protection cases.

Recorded legal citations
Automatically processed
Art. 82 GDPR
Art. 99(2) GDPR
View original scraped data
Art. 82(GDPR)
Art. 99(2) GDPR

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

National Law Articles
AI-identified
§ 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)

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

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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

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Christian Wirthensohn - Austria (2020). Retrieved from cookiefines.eu

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