- Enforcing jurisdiction
- Austria · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
Court case W274 2243598-1 – Court Ruling (Austria, 2023)
Privacy enforcement record
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In Austria, a court ruled that a person taking photos and videos of another individual without consent violated privacy rights. The court found that the photographer, who was documenting a hunting event, did not have a valid reason to ignore the request to stop. This case highlights the importance of obtaining consent before capturing and sharing images of others.
What happened
A court ruled that a person unlawfully took photos and videos of another individual without consent during a hunting event.
Who was affected
The individual who was photographed without consent was affected.
What the authority found
The court decided that the photographer violated privacy rights by not respecting the request to stop taking pictures.
Why this matters
This case underscores the necessity of obtaining consent before recording others. It serves as a reminder for individuals and organizations to respect privacy in public settings.
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Processing notes: articles corrected, national law identified.
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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
Ruling Date
24 August 2023
Authority
DPA BVwG
About this data
Cite as: Cookie Fines. Court case W274 2243598-1 - Austria (2023). Retrieved from cookiefines.eu
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