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ARTICLE · 20 MAY 2020

First Administrative Penalty Imposed In Austria Based On The GDPR Annulled

In September 2018, the Austrian Data Protection Authority imposed one of the first penalties for unlawfully operating video surveillance based on the GDPR in Europe.

AustriaPrivacy
Stefan Burischek (Schima Mayer Starlinger)
Stefan Burischek (Schima Mayer Starlinger)

In September 2018, the Austrian Data Protection Authority imposed one of the first penalties for unlawfully operating video surveillance based on the GDPR in Europe. In its decision, the Data Protection Authority concluded that a betting shop that used video surveillance was not only filming the direct entrance to the business premises of the shop but also the public parking and traffic areas in front of it, thus going far beyond the area where filming was necessary to achieve the video's purpose (i.e. protection of property). In addition, the Data Protection Authority claimed that the video surveillance was not suitably disclosed, the statutory maximum storage period of 72 hours for video recordings was not observed and no protocols were kept of the processing operations, leading to a total fine of EUR 4,800 imposed by the Data Protection Authority on the company.

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