Court case W274 2224363-1 – Court Ruling (Austria, 2020)

Court Ruling
DPA BVwG20 November 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 found that a former prisoner violated a court officer's privacy by posting their personal details on Facebook. The court ordered the removal of the post, emphasizing the officer's right to data protection over the former prisoner's freedom of expression. This case shows the balance between privacy rights and freedom of speech.

What happened

A former prisoner posted a court officer's personal details on Facebook, revealing their political views.

Who was affected

The court officer, whose personal details and political views were shared on Facebook, was affected.

What the authority found

The Austrian court ruled that the Facebook post violated the court officer's right to personal data protection and ordered its removal.

Why this matters

This decision highlights the importance of protecting personal data even in the context of freedom of expression. It serves as a precedent for balancing privacy rights against public statements, especially on social media platforms.

GDPR Articles Cited

Art. 1 GDPR
Art. 4 GDPR
Art. 6 GDPR
Art. 9 GDPR
Art. 85 GDPR

National Law Articles

§1 (1) DSG
§9 DSG
§24 DSG
§133 (4) B-VG
Decision AuthorityBVwG
Full Legal Summary
Detailed

The complainant is an officer of the court guard. The co-participant was in prison and had contact with the complainant there. After his release from prison, the co-participant made public statements in the media and mentioned, inter alia, the complainant's details. In particular, in a Facebook post he mentioned the name and function of the complainant in connection with his trade union affiliation, which revealed the political views of the complainant. It is not known how the co-participant had information about the complainant's trade union affiliation. The complainant lodged a complaint with the supervisory authority. The co-participant requested that it be dismissed, pointing out that his statements related to journalistic activities, which fall under the exceptions for the protection of personal data. The DPA concluded that it was not possible to establish a link between the Facebook post and the co-participant's journalistic activity, but the authority did not grant protection to the complainant's rights. It pointed out that the interests of the co-participant stood above the interests of the complainant, since the Facebook post concerned prison misconduct and the co-participant had acted within the framework of freedom of expression. In addition, the complainant's personal data had been published on a publicly accessible website, so the co-participant had not gained access to them unlawfully. The applicant appealed to the court. The Court upheld the appeal and held that the content published by the co-participant on Facebook infringed the complainant's right to protection of personal data. The court ordered that the content be removed from Facebook.

Outcome

Court Ruling

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

Related Cases (0)

No other cases found for Court case W274 2224363-1 in AT

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

Details

Ruling Date

20 November 2020

Authority

DPA BVwG

About this data

Data: GDPRhub (noyb.eu)
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Cite as: Cookie Fines. Court case W274 2224363-1 - Austria (2020). Retrieved from cookiefines.eu

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