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Austria · Geography does not establish applicable law.
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Court case W298 2266986 -1/20E – Court Ruling (Austria, 2024)

Court Ruling
Datenschutzbehörde4 January 2024Austria
final
Court Ruling

Privacy enforcement record

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A court case in Austria involved a judicial officer whose personal information was disclosed during a criminal trial. The officer argued that her privacy was violated when her employer shared unredacted documents. This case raises questions about the balance between legal proceedings and personal privacy.

What happened

The court allowed the disclosure of personal data of a judicial officer during a criminal investigation.

Who was affected

The judicial officer whose personal data was shared without redaction was affected.

What the authority found

The court found that the disclosure of the officer's information was permissible under the circumstances of the legal proceedings.

Why this matters

This ruling illustrates the tension between legal requirements and individual privacy rights. It serves as a reminder for authorities to carefully consider privacy implications when handling sensitive information.

Recorded legal citations
Automatically processed
Art. 5(1)(c) GDPR
Art. 6(1)(c) GDPR
Art. 9(2)(f) GDPR
View original scraped data
Art. 5(1)(c) GDPR
Art. 6(1)(c) GDPR
Art. 9(2)(f) GDPR

Original imported citations before automated processing; the processing history does not establish independent verification.

Decision AuthorityBVwG
Reviewed AuthorityDSB (Austria)

Source checks

Linked-source text retrieved.

Automated check recorded — 21 March 2026.

Processing notes: national law identified, authority corrected.

Retrieved text may be a secondary summary or an announcement. These automated statuses do not establish that the original decision was read or that the record received an independent legal review. How we check sources

Full Legal Summary
Detailed

A judicial officer (data subject) of an Austrian prison was injured by a prisoner in 2021, following which he reported the offence and started legal proceedings against the prisoner. During the criminal investigations, the judge granted access to the files to the accused, which included personal data of the data subject, among others information about her injury, annual salary, marital status and contact details. These data had been provided to the judge by the employer of the data subject, the Federal Ministry of Justice, who joined the proceedings as a co-participating private party and was represented in this by a state attorney. According to the data subject the controller should not have disclosed such information about her and this constituted a violation of her right to privacy, hence she filed a complaint with the Austrian DPA ('DSB'). The state attorney, hereinafter the controller, submitted that the employer had suffered a financial damage as a consequence of the sick leave of the data subject and had to provide documents about her health status to prove the damage in accordance with Austrian Criminal Procedural law. The controller believed this to be compliant with Article 9 GDPR. The data subject instead claimed that the documents should have been redacted. On 11 November 2022, the DSB dismissed the complaint stating that its competence is limited to verifying whether the documents provided by the controller were appropriate to serve as evidence for the investigation, which it confirmed. The DSB claimed that it cannot rule on the content of the documents adduced by a representative of a public authority during a court procedure. The data subject appealed the decision before the Austrian Federal Administrative Court (Bundesverwaltungsgericht, BVwG) claiming that the controller provided more unredacted documents to the court than strictly necessary, thereby violating Article 5(1)(c) GDPR. The BVwG first of all considered that the DSB erred in assumi

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 2266986 -1/20E in AT

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

Details

Ruling Date

4 January 2024

Authority

Datenschutzbehörde

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Court case W298 2266986 -1/20E - Austria (2024). Retrieved from cookiefines.eu

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