Court case W292 2259696-1 – Court Ruling (Austria, 2023)
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 confirmed that a woman could use her husband's intimate photos in a divorce case, as it was necessary for legal proceedings. The court found no evidence that she shared the photos with others, highlighting the importance of securely managing access to personal data.
What happened
The court allowed the use of intimate photos in a divorce case, finding it necessary for the legal process.
Who was affected
The husband whose intimate photos were used by his wife in a divorce proceeding.
What the authority found
The court ruled that using the photos in the divorce case was justified under GDPR and found no proof of unauthorized sharing with third parties.
Why this matters
This decision underscores that sensitive data can be used in court if necessary for the case, stressing the need for individuals to manage access to their personal data carefully, especially in shared spaces.
GDPR Articles Cited
A woman (the controller) used intimate photos of her husband (the data subject) and his lover in a divorce proceeding. According to the data subject, the controller also shared this material with a third party, namely the husband of the other woman involved. The pictures were originally uploaded on a cloud service by the data subject himself. Credentials to access the cloud were noted down in a notebook kept next to the computer, which was accessible to all the members of the family. The data subject filed a complaint with the Austrian DPA (Datenschutzbehörde - DSB). The DSB dismissed the complaint. On the one hand, disclosure before the civil court was necessary to prove the data subject’s responsibility in the divorce dispute. On the other hand, disclosure to third parties could not be proved. The Federal Administrative Court confirmed that a disclosure to third parties could not be proved. As a matter of fact, the former husband of the data subject’s lover got the pictures only indirectly from an anonymous email addressed to his lawyer. In particular, the Court pointed out to the fact that credentials to access the data subject’s account on the cloud were easily available to everybody living in the house. Concerning the disclosure in the civil proceeding, the pictures were undoubtedly special categories of personal data under Article 9(1) GDPR, whose processing is in principle prohibited. However, in this case processing was covered by the exception under Article 9(2)(f) GDPR. The Court stressed that, for the exception to apply, processing should be “necessary” to the purpose stated in this provision, which means that a judicial claim or defence would not be possible without the processing. Nevertheless, such a requirement shall not be interpreted too strictly. In the Court’s opinion, when disclosure in judicial proceeding is deemed not relevant by the judge, this does not automatically entail a violation of Article 9 GDPR. The only case in which Article 9(2)(
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Court case W292 2259696-1 in AT
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Court case W292 2259696-1 - Austria (2023). Retrieved from cookiefines.eu
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