Admissibility of a teacher evaluation app in the light of Art 6 (1) f GDPR and the Austrian protection of personality rights (§§ 16, 1330 ABGB) – OGH 6 Ob 129/21w of 2 February 2022

Authors

  • Caterina M. Grasl University of Vienna

DOI:

https://doi.org/10.25365/vlr-2022-6-1-118

Keywords:

app-based evaluation tools, freedom of opinion, protection of privacy, data protection, protection of honour

Abstract

After the question of the admissibility of teacher evaluation forums has already occupied the German court several times in recent years, the Austrian Supreme Court (OGH) has now also had to comment on this problem for the first time in its decision 6 Ob 129/21w. This decision deals with the admissibility of teacher evaluations in a forum that is (in principle) accessible to the public under aspects of data protection and personality rights. The focus is, on the one hand, on the admissibility of an evaluation per se, but also on the concrete design of the evaluation forum as well as the possibilities of inspection by the public and the rights of appeal available to the persons concerned.

Author Biography

Caterina M. Grasl, University of Vienna

Caterina Maria Grasl studied English and Law at the University of Vienna, where she is currently employed as a postdoctoral researcher.

Downloads

Published

2023-02-18

Issue

Vol. 6 No. 1 (2022): University of Vienna Law Review

Section

Articles

License

Copyright (c) 2023 Caterina M. Grasl

Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

All articles are licensed under the Creative Commons License CC BY-NC-ND. A summary of the license terms can be found on the following page:

https://creativecommons.org/licenses/by-nc-nd/4.0/

Authors retain copyright without restrictions.