Datenschutzbehörde – Court Ruling (Austria, 2022)

Court Ruling
DPA BVwG3 October 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.

Austrian authorities are investigating a case where festival visitors were allegedly recorded without a legal basis. The case hinges on whether the event organizers or the local municipality were responsible for the data. The decision is on hold until a separate court case determines the validity of a contract between the organizers and the municipality.

What happened

Festival attendees were recorded by surveillance cameras, and the organizers claimed the recordings were not personal data.

Who was affected

Festival visitors who were potentially recorded by surveillance cameras at the event.

What the authority found

The Austrian DPA paused its decision, awaiting a court ruling on whether the event organizers acted under a valid contract with the municipality.

Why this matters

This case highlights the complexities of determining responsibility for data protection at public events. Event organizers should ensure clear contracts and responsibilities to avoid legal uncertainties.

GDPR Articles Cited

National Law Articles

§ 38 AVG
Decision AuthorityBVwG
Full Legal Summary
Detailed

A number of data subjects attended a festival, during which they were allegedly recorded by a surveillance system without a legal basis. The data subjects contested that their right to information had been restricted by the controllers and processors, since they requested to be sent a copy of their personal data and to restrict further processing in accordance with Article 18(1) GDPR, which was met with the reply that the recordings had been deleted and that the data was not of personal nature due to it only showing persons up to the waist. The data subjects filed a complaint with the Austrian DPA who investigated the case. The defendants and alleged controllers were in the business of event management, advertising and consultancy. Part of their activities included counting visitor numbers and filtering this information into categories of age and gender. They recorded the visitor numbers at the festival through, among others, surveillance cameras. The defending parties denied that they were controllers pursuant to Article 4(7) GDPR. They argued that they organised the festival and processed the data of the data subject's on behalf of a contract with the local municipality, who should be deemed the controller. The municipality, however, had terminated the contract with the defendants. The defendants were in the process of disputing the validity of the termination in separate civil law proceedings in front of a regional court. Consequently, the Austrian DPA decided to suspend its decision on a complaint according to § 38 AVG until the regional court had decided in a civil law suit on whether the defendants in the complaint proceedings had acted on behalf of a valid contract with the municipality. The DPA believed that the answer to the question whether a valid contract was in place was an essential preliminary question to establish who the controllers were pursuant to Article 4(7) GDPR. The data subjects brought in a complaint against this decision by the DPA at

Outcome

Court Ruling

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

Related Cases (0)

No other cases found for Datenschutzbehörde in AT

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

Details

Ruling Date

3 October 2022

Authority

DPA BVwG

About this data

Data: GDPRhub (noyb.eu)
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Cite as: Cookie Fines. Datenschutzbehörde - Austria (2022). Retrieved from cookiefines.eu

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