OLG Innsbruck - 1 R 182/19b
| OLG Innsbruck - 1 R 182/19b | |
|---|---|
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| Court: | Oberlandesgericht Innsbruck (Austria) |
| Jurisdiction: | Austria |
| Relevant Law: | Article 82 GDPR Article 99(2) GDPR § 29(1) Austrian Data Protection Act (DSG) § 69(5)Austrian Data Protection Act (DSG) § 70(1)Austrian Data Protection Act (DSG) § 1293 ABGB |
| Decided: | 13.2.2020 |
| Published: | n/a |
| Parties: | Christian Wirthensohn Österreichische Post AG |
| National Case Number/Name: | 1 R 182/19b |
| European Case Law Identifier: | n/a |
| Appeal from: | Landesgericht Feldkirch 57 Cg 30/19b |
| Appeal to: | |
| Original Language(s): | German |
| Original Source: | [ (in German)] |
| Initial Contributor: | n/a |
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English Summary
Facts
The OLG Inssbrucks judgment was given follwing an appeal of both parties after the decision of the LG Feldkirch (https://gdprhub.eu/index.php?title=LG_Feldkirch_-_57_Cg_30/19b_-_15). In this decision the LG Feldkirch awarded the data subject and plaintiff Dr. Christian Wirthensohn (a privacy lawyer)€ 800 for sufferd emotional damages due to the processing of the likeliness of the political affiliation by the Defendant Österreichische Post AG.
Dispute
Plaintiff
The plaintiff argued incorrect legal assessment of the case by the by the LG Feldkirch. Also, he argued that substantial facts of the case had not been established by the LG Feldkirch and that he should have been awarded the whole amount that he sued for (€ 2.500).
Defendant
The defendant also argued incorrect legal assessment of the case, as - in its point of view - no actual (emotional) damage occured. It argued that the plaintiff had failed to state, why and in what regard he had actually sufferd emotional damages. Consequently, the LG Feldkirch had only found, that certain GDPR provisions have been violated, but had not establised what acutal emotional damage the plaintiff had suffered.
Holding
The OLG Innsbruck waived the plaintiff's appeal and followed the defendant's appeal.
Comment
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English Machine Translation of the Decision
The decision below is a machine translation of the ***LANGUAGE*** original. Please refer to the ***LANGUAGE*** original for more details.
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