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AII-1000-36309
ConfirmedA court, a regulator or the organization itself has stated the core facts, or the record cites a court or regulator source.

Austrian Data Protection Authority finds Vienna police facial recognition at climate protest unlawful

Austria's Data Protection Authority ruled on 26 July 2026 that Vienna police unlawfully used automated facial recognition software to identify climate protesters in March 2023. The authority found no adequate legal basis for the technology's use and determined that all previous police facial recognition matches lacked legal grounds.

March 2023 Β· Vienna Police Β· Privacy and surveillance
March 2023
AII-1000-363092 sources ↓
Quick facts
Category
Privacy and surveillance
Country
Austria
Source
Heute.at
Date
March 2023
Drafted by
Raidu Incident Detection

What happened

During a climate demonstration against a gas conference in Vienna on 27-29 March 2023, approximately 140 people were arrested and the protest was forcibly dispersed. Multiple activists who refused to provide identification were photographed by police.

One photograph was later matched automatically against the central police records database using facial recognition software. The data protection NGO epicenter.works filed a complaint on behalf of an affected activist.

Reported impact

The Austrian Data Protection Authority determined that automated facial recognition processing constitutes biometric data processing and represents a particularly intrusive form of data processing. The authority stated that no adequate legal basis currently exists for this use.

Index analysis

The authority concluded that all previous facial recognition matches by police were conducted without legal grounds. The Data Protection Authority called for the technology to be discontinued pending establishment of proper legal authority.

Governance controls

The Austrian Interior Ministry announced its intention to appeal the Data Protection Authority's decision.

Classification

Category
Privacy and surveillance
Industry
Government, security and defence
Country
Austria
Harm status
Actual harm
Intent
Unintentional
Timing
Post-deployment
Harm types
Human or fundamental rights
Harmed
Civil society
Consequences
Regulatory investigation
AI systems
Facial recognition software
Regulations
GDPR (enforcement)

Sources and evidence

This record was researched and written by the Index, based on the following original reporting.

Heute.at
Gesichtserkennung bei Wiener Klimademo war illegal | Heute.at
26 July 2026
oe24
Illegale Gesichtserkennung durch Wiener Polizei
26 July 2026