Employee (anonymous) – Court Ruling (Austria, 2020)
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 an employer illegally tracked an employee using a GPS system in a company car, which the employee could also use privately. The court awarded the employee EUR 2,400 in damages for the invasion of privacy. This case highlights the importance of respecting employee privacy, especially when tracking technology is involved.
What happened
An employer tracked an employee's use of a company vehicle with a GPS system without consent or a company agreement.
Who was affected
The employee who used the company vehicle and was tracked during work and personal time.
What the authority found
The court decided the employer violated the employee's privacy by using GPS tracking without consent, awarding EUR 2,400 in damages.
Why this matters
This ruling emphasizes that employers must respect employee privacy and obtain consent or have a company agreement before using tracking technology. Businesses should review their tracking practices to ensure they comply with privacy standards.
National Law Articles
An employer (defendant) used a GPS positioning system installed in the company vehicles (which were allowed for private use as well) without a company agreement or the consent of the individual employee (plaintiff). The system was able to transmit GPS data around the clock, to monitor the battery level and to recognize when the ignition was switched on. The defendant tracked the plaintiff's use of his company vehicle during the plaintiff's work and leisure time. Several managers working for the defendant could view the data created by the GPS positioning system at any time via the internet. There was no company agreement on this GPS positioning system, especially since there was no works council in the company. The defendant did not comply with the plaintiff's repeated written and verbal requests to refrain from the GPS tracking, at least in his leisure time. The GPS tracking caused considerable inconvenience for the plaintiff. He was often called by his superior and asked why he had left home so late. Since the plaintiff did not want his private life to be controlled and monitored by the GPS tracking of the company car, he did not drive the company car but went on holiday in another car. Does the tracking of a company vehicle (which an employee is also free to use in his leisure time) by an employer via a GPS positioning system require the employee's consent or a company agreement? Is an employee who has been unlawfully monitored by such GPS positioning system entitled to non-material damages? The Supreme Court upheld the decisions of the lower instances, which awarded the plaintiff compensation for the non-material damage he had suffered as a result, totalling EUR 2 400 (approximately EUR 400 per month of surveillance). With the GPS tracking system, the defendant had introduced a technical measure for the permanent control of its sales staff, which affects human dignity, because it controls the privacy brought into the company by each employee. The use of thi
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Employee (anonymous) in AT
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Employee (anonymous) - Austria (2020). Retrieved from cookiefines.eu
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