Beschreibung: | The decision of the Higher Regional Court Innsbruck of 13 February 2020 (case No. 1 R 182/19b) is, as far as it can be seen, the first final instance decision on nonmaterial damages for data protection violations in Austria - defendant is a logistics and postal service provider based in Austria holding a trade licence as an “address publisher and direct marketing company” pursuant to Section 151 of the Austrian Trade Regulation Act - defendant also stored political party affinities extracted from the socio-demographic analysis - plaintiff sought EUR 2,500 in damages for non-material loss caused by the defendant who had processed information about his alleged political party preferences - first instance court confirming the claim (Art 82 GDPR), second instance court dismissing the claim - not every annoyance or other emotional damage caused by the injury per se must be compensated, but only a special non-material interest that goes beyond the aforementioned (German summary of this article at page 47)
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