- Enforcing jurisdiction
- Austria · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
Unknown data subject (complainant) – Court Ruling (Austria, 2021)
Privacy enforcement record
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A court ruled in favor of a parent who complained about their children being filmed in a psychiatric center. The decision is important because it shows that complaints about privacy must be taken seriously. This case encourages families to speak up if they feel their privacy is violated.
What happened
A parent appealed a decision that dismissed their complaint about filming in a psychiatric center.
Who was affected
A parent of a minor who was a patient at the center.
What the authority found
The court decided that the previous authority did not properly assess the complaint's validity.
Why this matters
This ruling reinforces the idea that complaints about privacy should be thoroughly investigated. It serves as a reminder for organizations to handle privacy concerns with care.
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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 It repealed the contested decision and instructed the DSB to resume the procedure.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
Cite as: Cookie Fines. Unknown data subject (complainant) - Austria (2021). Retrieved from cookiefines.eu
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