Fundamentals rights section realized. The Lower Austrian building code must therefore in the OB’s opinion be interpreted in line with constitutional requirements. The dedication as a public traffic area must be revoked if the area is no longer needed as a public good. According to the view of the OB the municipality of Sierndorf should therefore have transferred the property back to the mother of the complainant. The municipality stated that while exemption from charges is provided for the notarial handling of the retransfer of ownership, this does not mean that the preparation of a subdivision plan is free of charge. The Ombudsman Board’s position is clearly different: Pursuant to § 10 Para. 3 Lower Austrian building code, no plan is necessary if pieces of land from which no road area must be assigned are reunited. The municipality’s course of action with respect to the retransfer of ownership of the building areas not required was not in conformity with the law, so that the OB stated that there had been a case of maladministration. The municipality subsequently informed the Ombudsman Board that the areas not required would be retransferred back to the ownership of N.N. 3.4. Data protection 3.4.1. Sensitive health data must not be circulated The Ombudsman Board received information according to which patients who use a specific taxi service for a medically necessary transport must hand over a medical travel and/or transport order to the driver. The taxi driver passes these on to his firm for financial settlement with the respective local health-insurance authority. In this way, the taxi driver as well as the persons in his enterprise handling the settlement with the local health insurance authority obtain knowledge of the diagnosis and/or the intended therapy as well as the medical grounds for the transport order. Pursuant to the Austrian Data Protection Act, everyone has a claim to confidentiality of his or her personal data, provided there is a legitimate interest therein. It further states that with respect to the use of personal data, unless it occurs in the vital interest of the person concerned or with his or her consent, restrictions of the claim to confidentiality are only permissible to safeguard preponderant legitimate interests of another person. Further restrictions are provided for the use of data especially deserving of protection, among them the “safeguarding of important public interests”. It is also expressly stipulated that even in the event of permissible restrictions the intrusion in each case must be in the mildest form leading to the objective. 22 32nd Report of the Austrian Ombudsman Board to the National Council and the Federal Council 2008