Enforcing jurisdiction
Austria · Geography does not establish applicable law.
Confirmed applicable legislation

Private person – €2,200 Fine (Austria, 2018)

€2,200Datenschutzbehörde20 December 2018Austria
final
Fine

Privacy enforcement record

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A private person in Austria was fined for using CCTV that recorded areas shared by residents in a multi-party residential complex. The surveillance captured images of people without their consent, which is a serious privacy issue. This case highlights the importance of respecting privacy in shared spaces.

What happened

The private person used CCTV to monitor common areas of a residential complex without proper consent from those being recorded.

Who was affected

Residents of the multi-party residential complex whose images were captured by the CCTV cameras.

What the authority found

The authority ruled that the video surveillance was not necessary and violated privacy rules by recording areas not under the person's exclusive control.

Why this matters

This case shows that individuals can be held accountable for improper surveillance practices in shared spaces. It serves as a reminder for anyone using cameras to ensure they respect the privacy of others.

Recorded legal citations
Automatically processed
Art. 13 GDPR
Art. 5(1)(a) GDPR
Art. 5(1)(c) GDPR
Art. 6(1) GDPR
View original scraped data
Art. 5(1) a) GDPR
Art. 5(1) c) GDPR
Art. 6(1) GDPR
Art. 13(GDPR)

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

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Linked-source text retrieved.

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Processing notes: articles corrected, national law identified.

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Full Legal Summary
Detailed

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

About this data

Data: CMS GDPR Enforcement Tracker
Licensed under CC BY-NC-SA 4.0
Automatically normalized and classified

Cite as: Cookie Fines. Private person - Austria (2018). Retrieved from cookiefines.eu

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