DATA PROTECTION
Higher Regional Court of Vienna: rejected the requets by Maximilian Schrems.
The Higher Regional Court of Vienna, in the appeal of the decision of the Regional Court, rejected both the requests of the appellant (Schrems) and of the appellant (Facebook Ireland) confirming what was decided in the first instance:
(1) a mere Facebook user is not the data controller of their personal data used on the platform but only an "interested party" (only Facebook fan page administrators can assume the role of owners / joint controllers according to the CJEU decisions C- 210/16 and C-40/17)
2) the use of the personal data of a Facebook user, by the latter, has as its legal basis the need to execute a contract to which the user is a party as such data constitute the consideration for the Fb services enjoyed (therefore , are needed")
(3) Facebook's partial response to the data subject's request for access to their personal data justifies the request for intangible damages in the amount of € 500.
The decision can be appealed to the Supreme Court on p. 2): the request for a preliminary ruling to the CJEU on the concept of "necessity" of the contractual legal basis, based on the monetization of personal data.
(1) a mere Facebook user is not the data controller of their personal data used on the platform but only an "interested party" (only Facebook fan page administrators can assume the role of owners / joint controllers according to the CJEU decisions C- 210/16 and C-40/17)
2) the use of the personal data of a Facebook user, by the latter, has as its legal basis the need to execute a contract to which the user is a party as such data constitute the consideration for the Fb services enjoyed (therefore , are needed")
(3) Facebook's partial response to the data subject's request for access to their personal data justifies the request for intangible damages in the amount of € 500.
The decision can be appealed to the Supreme Court on p. 2): the request for a preliminary ruling to the CJEU on the concept of "necessity" of the contractual legal basis, based on the monetization of personal data.
