Unknown data subject (complainant) – Court Ruling (Austria, 2021)

Court Ruling
DPA BVwG17 December 2021Austria
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 ruled that the country's Data Protection Authority must continue investigating a parent's complaint about being filmed during a hospital visit. The court found that the authority wrongly dismissed the complaint as excessive without proper review. This decision emphasizes the need for authorities to thoroughly assess complaints before rejecting them.

What happened

The Austrian court ordered the Data Protection Authority to resume investigating a parent's complaint about being filmed in a hospital room.

Who was affected

The family of a minor patient who was allegedly filmed during a hospital visit.

What the authority found

The court found that the Data Protection Authority failed to justify dismissing the complaint as excessive and must continue the investigation.

Why this matters

This case highlights that authorities must carefully evaluate complaints before dismissing them as excessive. It underscores the importance of transparency and thoroughness in handling privacy complaints, especially when they involve sensitive situations like hospital visits.

GDPR Articles Cited

Decision AuthorityBVwG
Full Legal Summary
Detailed

The complainant is the parent of a minor who was a patient at a child and adolescent psychiatry center. They claimed that the family, including their underage children, had been filmed in the patient's room during a visit. In 2021, they filed a complaint with the Austrian Data Protection Authority (DSB) regarding the lawfulness of these recordings. The DSB rejected the handling of the complaint based on Articles 57(4) and 77 (1) GDPR, arguing that the complainant had made excessive use of the right to lodge a complaint. Between August and 2018 and August 2021, the complainant had indeed brought a total of 29 similar proceedings to the DSB pertaining to their underage daughter's personal data. The complainant appealed this decision with the Austrian Federal Administrative Court (BVwG). The BVwG decided in favour of the complainant. It repealed the contested decision and instructed the DSB to resume the procedure. According to the BVwG, the DSB did not meet the threshold set out in Article 57(4) GDPR for demonstrating the manifestly unfounded or excessive character of these requests. The minimum requirements would have entailed an overview of the content of the proceedings pending at the DBS, as well as assessing their similarity. Furthermore, the court held that the DSB did not specifically explain the excessive nature of the inquiries, but rather made legally irrelevant speculations about the complainant's motivations, instead of assessing the merit of the complaint.

Outcome

Court Ruling

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

Related Cases (0)

No other cases found for Unknown data subject (complainant) in AT

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

Details

Ruling Date

17 December 2021

Authority

DPA BVwG

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
AI-verified and classified

Cite as: Cookie Fines. Unknown data subject (complainant) - Austria (2021). Retrieved from cookiefines.eu

Report Inaccuracy

Last updated: