Informing requirements under Austrian data protection law

Labelling requirement for image recordings

According to § 13 para. 5 DSG, the controller of an image recording must appropriately mark the recording. In any event, the controller must be clearly identified on the label, unless he or she is already known by the data subjects in accordance with the circumstances of the case.

If insufficient information is provided, any data subject potentially affected by a processing may request information about the identity of the controller from the owner or person authorised to use a property or building or other object from which such processing evidently originates.

The unjustified failure to provide such information shall be deemed equivalent to a refusal to provide information pursuant to Art. 15 GDPR.

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