Private person – €2,200 Fine (Austria, 2018)
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.
Austria's data protection authority fined a private person for using CCTV to record areas beyond their control, including shared spaces and neighboring properties. The surveillance was not necessary and invaded the privacy of residents without their consent. This case emphasizes the need for CCTV users to limit surveillance to their own property and ensure it's necessary.
What happened
A private person used CCTV to record shared and neighboring areas without a valid reason.
Who was affected
Residents and neighbors whose activities were recorded by the CCTV.
What the authority found
The authority found the CCTV use was excessive and unnecessary, violating GDPR rules on data minimization and consent.
Why this matters
This case serves as a reminder that CCTV users must limit surveillance to their own property and ensure it is necessary, respecting others' privacy rights.
GDPR Articles Cited
The fine was imposed against a private person who was using CCTV at his home. The video surveillance covered areas which are intended for the general use of the residents of the multi-party residential complex, namely: parking lots, sidewalks, courtyard, garden and access areas to the residential complex; in addition, the video surveillance covered garden areas of an adjacent property. The video surveillance subject of the proceedings is therefore not limited to areas which are under the exclusive power of control of the controller. Video surveillance is therefore not proportionate to the purpose and not limited to what is necessary. The video surveillance records the hallway of the house and films residents entering and leaving the surrounding apartments, thereby intervening in their highly personal areas of life without the consent to record their image data. The video surveillance was not properly indicated.
Related Enforcement Actions (0)
No other enforcement actions found for Private person in AT
This is the only recorded action for this entity in this jurisdiction.
Details
Fine Date
20 December 2018
Authority
Datenschutzbehörde
Fine Amount
€2,200
Enforcement Tracker ID
ETid-4
About this data
Cite as: Cookie Fines. Private person - Austria (2018). Retrieved from cookiefines.eu
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