DSB (Austria) · 19 November 2020
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About: Data principles, Special categories, Unlawful processing
- Regulator
- DSB (Austria)
- Decided
- 19 November 2020
- Country
- Austria
- Sector
- Not given
- Regulator’s reference
- 2020-0.743.659
- Fino case number
- 2020/AT/013
What happened
The Austrian DPA held that a Viennese restaurant was not allowed to collect data of a customer for contact tracing regarding COVID-19 infections: consent under Article 9(2)(a) GDPR could not be considered as freely given in this context and the Viennese Regulation on Contact Tracing did not contain a sufficient legal obligation under Article 6(1)(c) GDPR and Article 9(2)(i) GDPR.
Summary from GDPRhub (noyb), written by its volunteers, not by Fino. CC BY-NC-SA 4.0.
Rules involved
- Art. 4Definitions4(15)Read →
- Art. 5Principles relating to processing of personal data5(1)(a)Read →
- Art. 6Lawfulness of processing6(1)(c)Read →
- Art. 9Processing of special categories of personal data9(1) · 9(2) · 9(2)(a) · 9(2)(i)Read →
- Data principles
- Special categories
- Unlawful processing
Sources
The facts on this page come from the sources above, as they recorded them. Nothing has been estimated or filled in. Not legal advice.
Spotted a mistake? Write to angelillolorenzo@gmail.com and quote 2020/AT/013.