Enforcement · Austrian Data Protection Authority (dsb) EN LLM context A cited markdown file you can paste into your AI assistant (ChatGPT, Claude, a RAG or project knowledge base) to ground it in this document. Contains: this document’s text, its sections with their topics, and the full text of every law provision it applies. Everything links back to its source on overview.legal — legal information, not advice.

Private person: Insufficient legal basis for data processing

€2,200 Fine
Private person
AUSTRIA
Art. 5 GDPR Art. 6 GDPR Art. 13 GDPR
Video Surveillance Controllers Monitoring Processing Consent Data Controller Supervisory Authorities
Dec 20, 2018 Source

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Full text

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.

Industry: Individuals and Private Associations

Original document at the source www.ris.bka.gv.at

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