Right to Your Own Image, Erasure and Data Protection in Austria: What to Know in 2026

A photo of you online, a camera that also captures your neighbour’s window, or an old article that still appears first when someone searches your name can all raise legal issues. In Austria, several laws provide protection in these situations.

At a glance

• A photo of you must not be made public if this violates your legitimate interests under the right to your own image (Recht am eigenen Bild).
• You can ask search engines such as Google, Bing or Yahoo to stop showing certain links when people search for your name.
• A search engine must respond within one month at the latest. This can be extended by a further two months.
• For footage from a private person’s camera, a storage period of generally no more than 72 hours is considered acceptable.
• Regardless of the amount in dispute, copyright proceedings are decided by the regional court (Landesgericht).

What does the right to your own image mean?

The right to your own image is a personal right, similar to name rights. It means that an image of you must not be made public if doing so violates your legitimate interests or, in certain cases, those of a close relative.

Whether publication is permitted must be assessed objectively. The image itself is not the only relevant factor: the caption, accompanying text and overall context also matter. For example, using someone’s photograph for advertising without permission will generally violate that person’s interests.

Because it can be difficult to determine in advance whether an image is harmful, you should always obtain the person’s consent before publishing it.

What to do if you find an unwanted photo of yourself

The first step is always to ask the website operator to remove the image. Other possible steps include:

1. Send the website operator a request to remove the image.
2. Report the image on the social media platform.
3. Save evidence, including screenshots.
4. Contact Internet Ombudsstelle.

If the operator does not comply, the law distinguishes between two situations:

• Someone else took the photo: you may have a cease-and-desist claim (Unterlassungsanspruch) if publication violates your legitimate interests.
• You took the photo, regardless of its subject: you may have an unconditional cease-and-desist claim, as well as further claims under copyright law, especially compensation.

In both situations, bringing a claim under copyright law requires instructing a lawyer, although a lawyer’s letter may sometimes be enough. The “Mein Bild im Netz” platform operated by Internet Ombudsstelle, with support from Arbeiterkammer, provides free information about your options if you encounter an unwanted photo or video.

Removing results from search engines: how does the right to erasure work?

EU citizens can ask search engines not to display links to content that violates their personal rights. This is often called the “right to be forgotten” (Recht auf Vergessenwerden).

Search-result removal does not affect the original website. The content remains there, but becomes more difficult to find. If you want it removed from the original website, you must contact the site owner. The owner’s details are usually included in the legal notice (Impressum).

You can send the request directly to the search engine under Article 17 of the EU General Data Protection Regulation (DSGVO) and the Austrian Data Protection Act (DSG).

Response deadlines

• Without undue delay, and at the latest within 1 month: the search engine must confirm that it has removed the result or explain in writing why it has refused.
• A further 2 months: an extension is possible if this is necessary because of the complexity of the request or the number of requests.

If the search engine refuses your request or does not respond at all, you can then complain to the data protection authority (Datenschutzbehörde). The right may be restricted where the person concerned is a public figure and the public has an overriding interest in the information.

Photos of other people: what can you upload?

You may make a photo publicly available only with the consent of the author or rights holder. Examples of potentially unlawful publication include uploading a photograph to a public website, a sales advertisement or a social media platform. It does not matter whether the publication is for private purposes or whether anyone actually saw it.

Sharing in a non-public, closed group, such as among family members or close friends, is generally permitted if there is no commercial purpose. Images that are freely available and do not carry a copyright symbol (©) may still not be used without permission. For images under a Creative Commons licence, the licence determines what is permitted.

If you receive a warning (Abmahnung) because of an alleged infringement, do not ignore it, as court proceedings may follow. Internet Ombudsstelle can mediate as an out-of-court conciliator.

Cameras at residential buildings, drones and car cameras

Video footage is personal data when people can be recognised in it. A private person’s camera is lawful only within narrow limits:

• It may monitor only the time and area that are strictly necessary.
• It must not film a neighbouring building, property or flat under any circumstances.
• The camera must be identified with a sign or sticker.
• Recordings must be deleted regularly; generally, a storage period of no more than 72 hours is acceptable.

In a condominium building, monitoring shared areas requires the consent of every apartment owner. In a rented building, the landlord may not record the tenant’s flat door. Using a drone to monitor another person’s private property or public areas is prohibited.

There is still no Supreme Court decision on dashboard cameras (Dashcam), but standard settings generally unlawfully violate the data-protection rights of other road users.

How to protect yourself in advance

Do not provide personal data such as your name, address, date of birth or telephone number unless it is strictly necessary. Use the privacy settings on social media platforms and passwords of at least eight characters containing letters, numbers and special characters. Once information has been published, it often cannot be removed completely.

Frequently asked questions

Do I need permission before uploading a photo of someone?

Always ask the person concerned for consent, because it can be difficult to assess in advance whether the image violates their interests.

If Google removes a link, does the content disappear?

No. The content remains on the original website and is simply harder to find. You must ask the website owner to remove it from the original site.

Which court handles a copyright dispute?

Regardless of the amount in dispute, the competent regional court (Landesgericht) has jurisdiction.

Do private cameras have to be registered with the authorities?

No. The data protection authority does not provide an advance opinion. The operator must assess the legality of the camera system themselves.

Practical steps

1. Save screenshots, URLs and other evidence before asking for removal.
2. Contact the website operator or platform and request removal of the image or content.
3. If the content concerns search results, submit an erasure request directly to the search engine under Article 17 DSGVO and the DSG.
4. Wait for the response within one month, allowing for a possible further two-month extension.
5. If the search engine refuses or does not respond, complain to Datenschutzbehörde.
6. For unwanted photos or videos, contact Internet Ombudsstelle and consider obtaining legal advice.
7. If you receive an Abmahnung, do not ignore it; seek professional advice promptly.

Note: This article is based on information available online and is not legal advice. Use it at your own risk. If you need professional advice, contact a lawyer, legal professional or another relevant specialist.

Source: oesterreich.gv.at