Court case W274 2243598-1 – 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.
In Austria, a court ruled that an activist took photos and videos of a person without consent during a hunting event. This case is important because it reinforces the idea that individuals have a right to privacy and control over their own images.
What happened
An activist recorded a person at a hunting event despite being asked to stop.
Who was affected
The individual who was photographed and recorded without consent at the hunting event.
What the authority found
The court found that the activist's actions constituted unlawful processing of personal data by ignoring the person's request to stop.
Why this matters
This case highlights the importance of obtaining consent before capturing and sharing images of others. It serves as a warning to individuals and organizations about respecting privacy rights.
GDPR Articles Cited
National Law Articles
In occasion of a hunting event, a data subject noticed that another person, the controller, took pictures and videos of him without his consent. Although the data subject clearly and specifically asked the controller to stop taking pictures of him, he kept photographing and recording him. The controller is an activist and deputy-chairman of an animal protection organization and had been publishing contents relating to hunting gatherings on the internet and social media platforms, which, according to the data subject, constitute unlawful processing of personal data. After the above-mentioned episode, the data subject made an access request under Article 15 GDPR by post, but the controller never replied. According to the data subject this constituted a violation of his right to privacy, in particular, he claimed that by taking and publishing pictures and videos of individuals without their consent, the controller violated Article 13 GDPR, Article 6 GDPR, Article 9 GDPR and Article 15 GDPR. The data subject thus filed a complaint with the Austrian DPA on 08 January 2019. In his submissions, the controller stated that he has been involved in the documentation of hunting events, specifically pheasant hunting ones, as in this case, to gather enough material in order to show how these animals are being hunted and to spread this information with the public. This material is then published online and would also be used for a press conference on the topic later that year. In this, he claimed to pursue journalistic purposes as a citizen journalist and thus fall under the protection of [https://ris.bka.gv.at/eli/bgbl/i/1999/165/A2P9/NOR40201397?ResultFunctionToken=0772c7e4-9cc1-4ff5-8299-e949f7c1a139&Position=1&SkipToDocumentPage=True&Abfrage=Bundesnormen&Kundmachungsorgan=&Index=&Titel=DSG&Gesetzesnummer=&VonArtikel=&BisArtikel=&VonParagraf=&BisParagraf=&VonAnlage=&BisAnlage=&Typ=&Kundmachungsnummer=&Unterzeichnungsdatum=&FassungVom=30.10.2023&VonInkrafttretedatum=&BisInkraft
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Court case W274 2243598-1 in AT
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Court case W274 2243598-1 - Austria (2023). Retrieved from cookiefines.eu
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