| Applicant name | X. |
| Applicant type | Natural Person |
| Country | Austria |
| Decision no. | 2465/65 |
| Date | 19/07/1968 |
| Judges | –
|
| Institution | Commission |
| Type | Decision (Partial) |
| Outcome Art. 8 | Postponed |
| Reason | Insufficient information is available to the Commission to issue a Decision on this point. |
| Type of privacy | Informational Privacy; Indirect Vertical Privacy |
| Keywords | Audio recording without consent; evidence in court; assistance police |
| Facts of the case | A fellow citizen has made an audio recording of applicant, without his knowledge, which was admitted as evidence in court proceedings. Applicant finds this unjust and alleges that the police assisted the person in making the recording. |
| Analysis | The Commission stresses again that it will not accept individual requests relating to errors of fact or of law allegedly committed by a domestic court, except if and to the extent that these errors appear likely to have resulted in an infringement of the rights and freedoms guaranteed by the Convention. The Commission rejects most of the claims made by the applicant but one claim As to the matter of Article 8 ECHR, the Commission stresses that it has insufficient evidence to judge on the matter and postpones its Decision. |
| Documents | Decision |