- Enforcing jurisdiction
- Austria · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
Court case W298 2269087-1 – Court Ruling (Austria, 2023)
Privacy enforcement record
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An Austrian court reduced a doctor's fine for unlawfully accessing a job applicant's vaccination status. The court acknowledged the violation but considered the context of the pandemic and the nature of the data. This ruling emphasizes the need for careful handling of sensitive health information.
What happened
A doctor unlawfully accessed a job applicant's vaccination data, leading to a fine from the DPA.
Who was affected
The job applicant, whose vaccination status was accessed without permission, was affected by this action.
What the authority found
The court found that while the doctor violated data protection rules, the fine was excessive and reduced it based on mitigating circumstances.
Why this matters
This ruling serves as a reminder for professionals to handle sensitive data responsibly, especially during emergencies like a pandemic. It also shows that context can influence penalties for data breaches.
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Processing notes: articles corrected, national law identified, amount discrepancy, authority corrected.
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A medical doctor, the controller, used the national health care portal to access information about the vaccination status of a data subject who had applied for a job. The DPA opened an investigation against the controller who, in turn, acknowledged a violation of Article 9 GDPR, as they unlawfully processed health data of the data subject. The DPA imposed a €3,500 fine for the violation of Article 9 GDPR. The fact that the controller was a doctor, that they processed special categories of data and that they did it intentionally were considered aggravating factors in the quantification of the fine. The controller appealed the decision, claiming that the fine was disproportionate. In assessing the proportionality of the fine, the Federal Administrative Court examined how the DPA applied Article 83(2) GDPR at the facts at issue. Concerning Article 83(2)(a) GDPR, it is true that the controller position as a doctor should be considered an aggravating factor. However, the court also found that these data should have been disclosed in any case to the controller during the job interview, according to Austrian law. In this context, the court found particularly relevant that the controller processed only vaccination data and no other special categories of personal data pursuant to Article 9 GDPR. The court also regarded the fact that the processing occurred during highly stressful times of the pandemic as a mitigating factor pursuant to Article 83(2)(k) GDPR. Finally, the court disregarded the intentional character of the violation (Article 83(2)(b) GDPR) as an element to determine the amount of the fine. In light of the above, the court reduced the amount of the fine to €2,000.
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Court case W298 2269087-1 in AT
This is the only recorded case for this entity in this jurisdiction.
Details
Ruling Date
6 June 2023
Authority
Datenschutzbehörde
About this data
Cite as: Cookie Fines. Court case W298 2269087-1 - Austria (2023). Retrieved from cookiefines.eu
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