Court case W287 2248365-1/12E – Court Ruling (Austria, 2024)
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.
A journalist asked the state police in Austria for information about an interrogation of two police officers, but the police refused to provide it. They argued that sharing this information could violate the officers' privacy rights. This case highlights the balance between public interest and individual privacy in information requests.
What happened
The state police department denied a journalist's request for information about the outcome of an interrogation involving two police officers.
Who was affected
The police officers involved in the interrogation and the journalist seeking information were affected.
What the authority found
The court found that the police department acted correctly by not providing the information, as it could compromise the officers' privacy rights.
Why this matters
This case shows the challenges in balancing transparency and privacy. It reminds journalists and public entities to carefully consider privacy implications when requesting or providing information.
GDPR Articles Cited
View original scraped data
Original data from scraper before AI verification against source document.
National Law Articles
A journalist submitted a query on the outcome of an interrogation of two police officers to the state police department. The state police department responded that due to paragraph [https://www.ris.bka.gv.at/eli/bgbl/i/1999/165/A1P1/NOR40139563?ResultFunctionToken=5fed9deb-b9d5-47fc-901c-04b45e84e503&Position=1&SkipToDocumentPage=True&Abfrage=Bundesnormen&Kundmachungsorgan=&Index=&Titel=&Gesetzesnummer=&VonArtikel=&BisArtikel=&VonParagraf=&BisParagraf=&VonAnlage=&BisAnlage=&Typ=&Kundmachungsnummer=&Unterzeichnungsdatum=&FassungVom=05.11.2024&VonInkrafttretedatum=&BisInkrafttretedatum=&VonAusserkrafttretedatum=&BisAusserkrafttretedatum=&NormabschnittnummerKombination=Und&ImRisSeitVonDatum=&ImRisSeitBisDatum=&ImRisSeit=Undefined&ResultPageSize=100&Suchworte=Datenschutzgesetz 1(1) of the Austrian National Data Protection Act] (Datenschutzgesetz – DSG) the provision of information was not possible. In its reasoning the state police department highlighted that the police officers in question were identifiable through publicly available video footage. It further stated that the journalist did not show an outweighing interest which would warrant the provision of information. The journalist responded to the state police department explaining that he is not interested in personal data on the police officers but merely requests to know the outcome of the interrogation which he was informed about. He further submitted that he does not intend to publish the provided information. The state police department explained that providing the information would enable drawing conclusions on whether the officers were subject to disciplinary measures which in turn affects their standing as employees and therefore their concerns their right to privacy. The journalist filed a complaint on the 6 October 2021 alleging that the state police department had not objectively balanced the interests of the police officers with the journalists request for information. The complaint was forwarded t
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Court case W287 2248365-1/12E in AT
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Court case W287 2248365-1/12E - Austria (2024). Retrieved from cookiefines.eu
Last updated: