Fundamental Rights Section The VfGH considers it to be arbitrariness on the part of the authority, which affects constitutional rights, if the authority frequently fails to rightly assess the legal situation; furthermore, if it fails to perform investigations in a decisive point or if it fails to conduct any proper investigations (VfSlg. 8808/1980, 11.718/1988 and many others). With respect to Art. 8 ECHR and the case law of the VfGH on the federal constitutional law, Federal Law Gazette 390/1973 (Federal Constitutional Law of July 3, 1973 on the Implementation of the International Convention on the Elimination of All Forms of Racial Discrimination), regarding the prohibition of arbitrariness, the Austrian Ministry of the Interior considered it necessary, also due to extensive media coverage, to instruct the law enforcement authorities to avoid hardship in cases that had been pending before the new legal provisions came into force. 2.6.2.4 Vienna Medical University - Change to a new curriculum (VA BD/39-WF/06 a.o., Vienna Med. Univ. 82-lfd.) In the interest of systematic presentation, this case will be set out on page 318 under point 14.1.1.1.3, German version. 2.7 Data Protection (Section 1 of the Federal Data Protection Law 2000) 2.7.1 Inadmissible Dissemination of Sensitive Health Data (VA BD/583-SV/06) The Ombudsman Board was informed that in connection with the execution of doctor's orders for transportation, a patient is obliged, pursuant to an established practice, to hand over such order to the taxi driver who has to forward it to his company for settling accounts with the respective local health insurance fund. In this manner, both the taxi driver and the persons entrusted with the settlement of accounts with the local health insurance fund at his employing company are informed about the envisaged diagnosis and/or therapy and the medical reasoning for the order for transportation. According to the constitutional provision of Sect. 1 para. 1 of the DSG 2000 (Datenschutzgesetz – Austrian Federal Data Protection Law), everyone has a claim to confidentiality of data concerning his person, to the extent that an interest meriting protection exists. Paragraph 2 of this constitutional provision explicitly provides that with respect to the use of personal data (to the extent that such use is not vitally important to the health or well being of the affected person or is undertaken with his approval), restrictions to the right of confi- 57