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Violation of the right to secrecy by digital door peephole

20/11/2019 by Maria Steindl-Schindler

In the decision of October 5, 2018, GZ: DSBD123.204/0005-DSB/2018, the data protection authority had to deal with the question of whether a digital door peephole can violate the right to secrecy. The data protection authority initially stated that the operation of a digital door peephole constitutes image recording as defined in Section 12 (1) of the Austrian Data Protection Act. 1 DPA. The digital peephole is a technical device capable of detecting who is in the peephole’s field of view. By electronically/digitally recording the recording area in front of the door, data iSd Art. 4 Z 2 DSGVO is processed. With reference to the case law of the Austrian Supreme Court, the data protection authority stated that the door peephole in question, due to the immediate vicinity of the apartment entrance doors, is part of the complainant’s most personal sphere of life. The most personal sphere of life according to § 12 para. Section 4(1) of the Data Protection Act also covers the exterior of an apartment door, as this can be used to record the data subject’s entry into and exit from the apartment. Since there was no consent from the complainant, the image recording was inadmissible. At the same time, data processing by the digital door peephole was prohibited with immediate effect. The respondent appealed to the Federal Administrative Court.

Category iconAustria,  GDPR Decisions

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