Fundamental rights section It is in this spirit that the Ombudsman Board believes that § 40 of the penal law must be read, so that the present accommodation constitutes a case of maladministration. Even if the OB by no means wishes to imply that prisoners were subjected to demeaning treatment, the judicature of the European Court of Human Rights must be pointed out, which starts out from minimum standards for prison conditions. 3.6. Right to respect for private and family life (Art. 8 ECHR) 3.6.1. Right to the correct spelling of the last name During an investigation procedure the Ombudsman Board had to ascertain that last names are often incorrectly written by authorities, as the diacritics over the respective letter of the last name are lacking. Art. 8 ECHR contains a constitutionally guaranteed right to respect for private and family life. In view of the relevant legal practice of the Constitutional Court as well as of the European Court of Human Rights, there can be no doubt that the right to respect for private life also includes a constitutionally guaranteed right to respect for one’s own name. From the aspect of constitutional law one must therefore ask whether the range of protection of the right to respect for one’s own name also includes the law that first and last names must be reproduced in correct characters by authorities. The Ombudsman Board already indicated the important arguments in favor of this view in its 2006 annual report. Unfortunately, the competent authorities did not take suitable measures, such as the introduction of software and hardware for the Federal service that can correctly store and reproduce diacritics. For this reason, the Ombudsman Board ascertained a case of maladministration in December 2007. The Federal Government was advised to change the software and hardware used in the Federal service and to ensure the correct writing of the names of persons step by step. In its reaction, the Federal Chancellery admitted such faults, but also announced a modification. The problem was repeatedly discussed in meetings of experts, some Federal Ministries already presented concrete implementation plans. It is not foreseeable at present when the Ombudsman Board’s recommendation will be fully implemented. 32nd Report of the Austrian Ombudsman Board to the National Council and the Federal Council 2008 25