Kebab restaurant
- Country
- Austria
- Fine
- 1,800 EUR
- Date
- 2019-11-25
- Sector
- Private Sector
- Articles
- Art. 5 (1) a) and c)Art. 6 (1) GDPR; § 50b (2) and § 50d (1) DSG 2000 / § 13 (3) and (5) DSG
Monetary fine because of lack of insufficient legal basis for data processing, lack of video surveillance indication and excessive storage duration
The video surveillance covered public areas (especially a public street) and a neigbouring gas station. It was therefore not appropriate to the purpose of the processing and was not limited to the necessary extent. Apart form that the video surveillace was not appropriately indicated. Furhtermore, there was no deletion of the personal data recorded by the video surveillance within 72 hours and no separate protocol in this respect. The storage period was unreasonably long. The Federal Administrative Court confirmed the content of the DPA's decision, but reduced the amount of the fine by EUR 300 because the defendant reduced the storage period to the permissible level and sufficiently indicated the video surveillance, both while the proceedings were still in progress (BVwG Erkenntnis v. 25.11.2019, W211 2210458-1). Authority: Federal Administrative Court (Bundesverwaltungsgericht "BvwG")
Additional information
UPDATE: The Federal Administrative Court has confirmed the decision of the data protection authority in principle.
Source: https://www.derstandard.de/story/2000092017999/erst-vier-strafen-wegen-dsgvo-seit-mai
Reported by: Götzl Thiele EUROLAWYER® Rechtsanwälte