A private video call was screen recorded and posted in Austria
Intimate content from a video call you believed was private has been screen recorded and distributed online. The recording itself is illegal in many jurisdictions in addition to the distribution being NCII.
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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
Most video calling apps do not notify participants when the other party screen records. FaceTime, Zoom, Google Meet, and Snapchat all permit silent recording.
Screen recording of intimate calls is frequently used as a control tactic by partners or as a prelude to sextortion. The recording itself may have occurred months before the distribution.
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
- The full call history showing the date, time, and other participant of every relevant call
- Full page screenshot of every URL where the recording appears
- Any messages from the other participant before, during, or after the call
- The application used for the call, which determines what server side records may be available
Do not: Do not delete the call history or block the perpetrator's number before evidence is preserved. The call records establish the underlying recording event.
Five step removal process
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1
Preserve all evidence first
The full call history showing the date, time, and other participant of every relevant call. Full page screenshot of every URL where the recording appears.
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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 recording consent statutes which require all party consent in 12 states
- State NCII statutes covering the distribution of recorded intimate content
Frequently asked questions
Is screen recorded call 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 screen recorded call preserve?
The full call history showing the date, time, and other participant of every relevant call. Full page screenshot of every URL where the recording appears. Any messages from the other participant before, during, or after the call. The application used for the call, which determines what server side records may be available.
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 screen recorded call?
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.
Start a private scan