Intimate images leaked by an ex partner in Austria
An intimate image you shared in confidence with a former partner has appeared online without your consent. The TAKE IT DOWN Act treats this as actionable regardless of how the image was originally created.
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jurisdiction
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primary statute
48 hr
TAKE IT DOWN Act window
Court order
enforcement route
Tl;dr
In Austria, this conduct is prosecuted under § 120a StGB. The civil erasure route runs through GDPR Article 17 (right to erasure) plus Datenschutzgesetz and DSB. Where the host platform is subject to US jurisdiction, the TAKE IT DOWN Act adds a 48 hour platform removal obligation in parallel.
Why this happens
Intimate images shared inside a relationship survive long after the relationship ends. The most common trigger is a contested breakup, a new partner, or financial dispute.
Most leaks are first posted to platforms the perpetrator believes are anonymous. They rarely are. Account metadata, IP logs, and payment records routinely identify the source.
Legal framework in Austria
Strafgesetzbuch § 120a (Bildaufnahmen des höchstpersönlichen Lebensbereiches). Up to 1 year imprisonment or fine of up to 720 daily rates.
Austria's § 120a covers unauthorised image recordings of the most personal sphere of life including intimate situations. The 2021 expansion strengthened protection against deepfakes and synthetic intimate content depicting identifiable persons.
Evidence to preserve
- Full page screenshot of every URL where the content appears, with the URL bar visible
- The username or account handle that posted the content
- Any direct messages, texts, or emails from the ex partner referencing the content
- The original image metadata if you still have the source file, which can prove provenance
Do not: Do not contact the ex partner before evidence is preserved and notices are filed. Confrontation gives them time to delete content and craft a denial.
Five step removal process
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1
Preserve all evidence first
Full page screenshot of every URL where the content appears, with the URL bar visible. The username or account handle that posted the content.
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2
File the § 120a StGB criminal complaint
Report to local police or the national cybercrime unit. Stopline.at can assist.
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3
Submit an erasure request under GDPR Article 17 (right to erasure) plus Datenschutzgesetz
Each major platform has a designated data protection contact. The request must cite the legal basis and identify the URLs. The platform has 30 days to respond. DSB accepts complaints for non compliance.
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4
Run a biometric scan to find every additional copy
Content posted to one platform is rarely confined to one platform. ScanErase identifies every current hosting location in a single scan, including mirror copies and AI generated variants.
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5
File TAKE IT DOWN Act notices for covered platforms
Use your scan report to file the federal 48 hour notice yourself, in parallel with your domestic rights. The two regimes are cumulative, not exclusive.
Statutory citations to include in your complaint
- Strafgesetzbuch § 120a (Bildaufnahmen des höchstpersönlichen Lebensbereiches)
- GDPR Article 17 (right to erasure) plus Datenschutzgesetz
- US TAKE IT DOWN Act for any covered platform
- State NCII criminal statutes in 48 states for prosecution of the ex partner
- Civil claims for intentional infliction of emotional distress and statutory damages where state law provides
Frequently asked questions
Is leaked by ex a crime in Austria?
Yes. Strafgesetzbuch § 120a (Bildaufnahmen des höchstpersönlichen Lebensbereiches) criminalises this conduct. Up to 1 year imprisonment or fine of up to 720 daily rates.
What evidence should a Austria victim of leaked by ex preserve?
Full page screenshot of every URL where the content appears, with the URL bar visible. The username or account handle that posted the content. Any direct messages, texts, or emails from the ex partner referencing the content. The original image metadata if you still have the source file, which can prove provenance.
Does GDPR Article 17 (right to erasure) apply to this scenario?
Yes. GDPR Article 17 (right to erasure) plus Datenschutzgesetz gives the victim a direct erasure right against any platform processing the imagery. DSB enforces non compliance.
What support is available in Austria for leaked by ex?
Stopline.at provides direct support to victims and can assist with both the criminal complaint and the platform removal process. Contact at https://www.stopline.at.
Can a Austria victim also file a US TAKE IT DOWN Act notice?
Yes when the hosting platform is subject to US jurisdiction. The 48 hour federal removal obligation runs in parallel with rights under § 120a StGB and GDPR Article 17 (right to erasure) plus Datenschutzgesetz.
Remove every copy now
One scan. Coordinated removal under § 120a StGB, GDPR Article 17 (right to erasure) plus Datenschutzgesetz, and the TAKE IT DOWN Act.
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