1. No right to confirmation of the remedial measures taken during a consultation pursuant to Art 36 GDPR – Case no. D485.001/0003-DSB/2018
In its decision of 18 December 2018, the Austrian data protection authority had to deal with the question of when a right to prior consultation pursuant to Art 36 GDPR existed. The applicant intended to install twelve video surveillance cameras in a business park for the purpose of property and object protection. The data protection authority was consulted after the applicant's data protection impact assessment had shown that the planned data processing posed low to high risks for the persons concerned. Due to the further remedial measures planned in the data protection impact assessment, however, the applicant was ultimately able to classify all identified risks as very low. The data protection authority rejected the application for prior consultation pursuant to Art 36 GDPR and stated that pursuant to Art 36 para 1 GDPR consultation of the data protection authority is only applied in those cases in which the person responsible is unable to contain the identified risks to an acceptable extent. The consultation procedure does not, however, serve to obtain confirmation from the data protection authority that the measures taken are actually to be regarded as suitable to limit the identified risks. Such an assessment is the sole responsibility of those responsible. The decision is legally binding.
Article provided by: Hon.-Prof. Dr. Clemens Thiele, LL.M. (EUROLAWYER, Austria)
