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unknown (private person) – Court Ruling (Austria, 2019)

Court Ruling
DPA LGLinz12 June 2019Austria
final
Court Ruling

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A court ruled that a doctor was not responsible for unauthorized photos of a patient published online by a clinic. The court found that the doctor had no control over the clinic's actions. This case highlights the complexities of accountability in data protection.

What happened

A doctor was not held liable for unauthorized photos taken by a clinic.

Who was affected

The patient whose photos were published without consent.

What the authority found

The court decided that the doctor could not be held responsible for the clinic's unauthorized publication of the patient's photos.

Why this matters

This ruling illustrates that responsibility for data protection can be complicated. It reminds healthcare providers to ensure their partners comply with data protection rules.

Recorded legal citations
Automatically processed
Art. 2(1) GDPR
Art. 4(2) GDPR
Art. 4(7) GDPR
Art. 4(8) GDPR
Art. 82 GDPR
View original scraped data
Art. 2(1) GDPR
Art. 4(2) GDPR
Art. 4(7) GDPR
Art. 4(8) GDPR
Art. 82(GDPR)

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

National Law Articles
AI-identified
§ 4(1) DSG (Austrian Data Protection Act)
§ 69(4) DSG (Austrian Data Protection Act)
§ 78 UrhG (Urheberrechtsgesetz - Austrian Copyright Act)
Decision AuthorityOLG Linz
Reviewed AuthorityLG Linz (Austria)

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Processing notes: articles corrected, authority corrected.

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Full Legal Summary
Detailed

In June 2017, a Greek medical doctor working for a Greek clinic performed a hair transplant on the claimant. Shortly after, the claimant lost his hair even in places that were not affected by the surgery. His hair only regrew months later. In the course of the claimant's stay in Greece, both the doctor and employees of the Greek clinic had taken picture of the claimant - even during the surgery. These pictures were published on the Greek clinic's website, together with the claimant's name. The claimant had not consented to this processing of personal data and requested the removal of the photographs and his other personal data. A dispute ensued between the claimant and the doctor (the defendant). The claimant requested a) repayment of the remuneration paid to the defendant of EUR 5,880 and b) damages of EUR 20,000 for the photographs published on the Internet. The defendant argued that the surgery had been performed lege artis and that the photographs had been published by the Greek clinic without the defendant's knowledge and had been removed immediately after the claimant's request. As there was no economic or personal interdependence between the Greek clinic and the defendant, the defendant should not be liable for any damages occurred. The OLG Linz dismissed the appeal (which only concerned the claim for damages) and upheld the decision of the Landesgericht Linz which had dismissed the claim. The unauthorised action of employees of the Greek clinic to put the claimant's name on the photographs and to publish them on the internet without his consent constituted an interference that was unforeseeable for the defendant. As a result, under Article 82(3) the defendant cannot be held responsible for the processing of the claimant's personal data by the Greek clinic.

Outcome

Court Ruling

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

Related Cases (0)

No other cases found for unknown (private person) in AT

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

Details

Ruling Date

12 June 2019

Authority

DPA LGLinz

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. unknown (private person) - Austria (2019). Retrieved from cookiefines.eu

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