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|National_Law_Link_1=https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10001597
 
|National_Law_Link_1=https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10001597
  
|Party_Name_1=A tenant (defendant)
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|Party_Name_1=
 
|Party_Link_1=
 
|Party_Link_1=
|Party_Name_2=Austrian Data Protection Authority (co-defendant)
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|Party_Name_2=
 
|Party_Link_2=
 
|Party_Link_2=
|Party_Name_3=A property management organization (plaintiff)
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|Party_Name_3=
 
|Party_Link_3=
 
|Party_Link_3=
 
|Party_Name_4=
 
|Party_Name_4=
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The Federal Administrative Court of Austria held that the disclosure of professional contact details of a tenant to a landlord constitutes a violation of the tenant’s right to confidentiality.
 
The Federal Administrative Court of Austria held that the disclosure of professional contact details of a tenant to a landlord constitutes a violation of the tenant’s right to confidentiality.
  
==English Summary==
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== English Summary ==
  
===Facts===
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=== Facts ===
 
The defendant had lodged a complaint with the DPA, claiming that the plaintiff, a property management organization, had disclosed their data to a third party without consent or any other legal basis.  
 
The defendant had lodged a complaint with the DPA, claiming that the plaintiff, a property management organization, had disclosed their data to a third party without consent or any other legal basis.  
  
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The plaintiff appealed this decision arguing that, by forwarding the email and all data of the defendant it contained, they were only fulfilling their legal obligation pursuant to the national housing property law to disclose the contact details of a tenant at the request of a landlord.  
 
The plaintiff appealed this decision arguing that, by forwarding the email and all data of the defendant it contained, they were only fulfilling their legal obligation pursuant to the national housing property law to disclose the contact details of a tenant at the request of a landlord.  
  
===Dispute===
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=== Dispute ===
 
Does the disclosure of the professional email address of a tenant to a landlord constitute a violation of the tenant’s confidentiality?  
 
Does the disclosure of the professional email address of a tenant to a landlord constitute a violation of the tenant’s confidentiality?  
  
===Holding===
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=== Holding ===
 
The Federal Administrative Court of Austria confirmed the Data Protection Authority’s decision by reminding the plaintiff that they could have had established contact between the parties involved in other ways, e.g. by referring to the postal address of the tenant, and that the disclosure of the professional email address could not be reconciled with the principle of data minimisation. The disclosure did therefore constitute a violation of the tenant’s right to confidentiality, which is why the appeal of the plaintiff was dismissed.  
 
The Federal Administrative Court of Austria confirmed the Data Protection Authority’s decision by reminding the plaintiff that they could have had established contact between the parties involved in other ways, e.g. by referring to the postal address of the tenant, and that the disclosure of the professional email address could not be reconciled with the principle of data minimisation. The disclosure did therefore constitute a violation of the tenant’s right to confidentiality, which is why the appeal of the plaintiff was dismissed.  
  
==Comment==
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== Comment ==
 
''Share your comments here!''
 
''Share your comments here!''
  
==Further Resources==
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== Further Resources ==
 
''Share blogs or news articles here!''
 
''Share blogs or news articles here!''
  
==English Machine Translation of the Decision==
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== English Machine Translation of the Decision ==
 
The decision below is a machine translation of the German original. Please refer to the German original for more details.
 
The decision below is a machine translation of the German original. Please refer to the German original for more details.
  

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