Court case W252 2239742-1/11Z – Court Ruling (Austria, 2022)

Court Ruling
DPA BVwG5 July 2022Austria
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 paused a case about a person's right to access video recordings of therapy sessions. The court is waiting for the European Court of Justice to clarify how Article 15(3) GDPR should be interpreted. This case could affect how companies handle requests for access to video data.

What happened

The court paused a case about access to video recordings, pending a decision from the European Court of Justice.

Who was affected

A person who requested video recordings of their therapy sessions.

What the authority found

The court has not made a decision yet and is waiting for guidance from the European Court of Justice on Article 15(3) GDPR.

Why this matters

The outcome of this case could set a precedent for how companies must handle requests for video data, impacting businesses that record customer interactions.

GDPR Articles Cited

Art. 12(1) GDPR
Art. 15(1)(a) GDPR
Art. 15(3) GDPR

National Law Articles

§ 17 VwGVG
§ 38 AVG
Art 133 Abs 4 B-VG
Decision AuthorityBVwG
Full Legal Summary
Detailed

The complainant saw his right of access violated, since video recordings of therapy sessions had not been sent to him. The DPA dismissed the complaint as unfounded. Consequently, the complainant filed an appeal against this decision. The BVwG did not (yet) take a decision on the merit of the case but stalled the procedure it filed a request for preliminary ruling on the question the interpretation of Article 15(3) GDPR in August 2021. See decision BVwG - W211 2222613-2/12E. Once the CJEU has passed its judgment on the matter, the BVwG will resume the case.

Outcome

Court Ruling

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

Related Cases (0)

No other cases found for Court case W252 2239742-1/11Z in AT

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

Details

Ruling Date

5 July 2022

Authority

DPA BVwG

About this data

Data: GDPRhub (noyb.eu)
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Cite as: Cookie Fines. Court case W252 2239742-1/11Z - Austria (2022). Retrieved from cookiefines.eu

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