- Enforcing jurisdiction
- Austria · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
Vienna police officers – Court Ruling (Austria, 2021)
Privacy enforcement record
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A court in Austria found that police officers had their rights violated when videos of them were shared online without their consent. The court decided that the individuals who posted the videos did not respect the officers' right to privacy. This case emphasizes the importance of protecting personal privacy, even in public situations.
What happened
The court ruled that the publication of videos showing police officers violated their right to secrecy.
Who was affected
The police officers who were filmed and had their images shared online without consent were affected.
What the authority found
The Federal Administrative Court ruled that the publication of the videos constituted a violation of the officers' privacy rights.
Why this matters
This ruling reinforces the need for individuals and organizations to respect privacy rights, especially when sharing content online. It serves as a reminder for social media users to consider the privacy implications of their posts.
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Automated check recorded — 21 March 2026.
Processing notes: articles corrected, national law identified.
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In their complaint to the DSB (Austria) the data subjects, both police officers, together with other colleagues, alleged a violation of the right to secrecy. The complainants carried out an identity check. In its course they had been filmed with several smartphones by the persons checked (controllers). The first complainant had repeatedly informed the controllers that it was a criminal offense to publish the video material. However, this was ignored and the material was published on social media (Facebook and Instagram) without making the data subjects unidentifiable. The controllers wanted to draw attention to ethnic profiling or accuse the complainants of such a procedure, as they felt discriminated by the identification, which in their opinion was only based on the colour of their skin. In the videos the controllers did not only make remarks to the effect that the identification of the complainants was done on racist grounds, but also used insulting words towards the complainants. The complaint was partially upheld by the DSB and it was found that the respondent had violated the second complainant's right to secrecy by publishing a picture of the complainant’s on his Instagram profile and thereby violated the complainant's right to secrecy by at least publishing a picture of the first complainant on his Instagram profile. For the rest, the complaint was dismissed. The Federal Administrative Court (Bundesverwatungsgericht – BVwG) stated that the image recordings were in any case personal data of the complainants pursuant to Article 4(1)GDPR, as the identification of the data subjects was possible. Through the publication, the respondents had also processed the personal data of the complainants within the meaning of Article 4(2) GDPR and, as the operators of their Instagram and Facebook profiles, were also to be qualified as data controllers under data protection law pursuant to Article 4(7) GDPR for their respective profiles. Furthermore, the posting of the
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Vienna police officers in AT
This is the only recorded case for this entity in this jurisdiction.
Details
Ruling Date
1 December 2021
Authority
DPA BVwG
About this data
Cite as: Cookie Fines. Vienna police officers - Austria (2021). Retrieved from cookiefines.eu
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