Fundamental Rights Section
The Ombudsman Board considers that the principle according to which the commencement
of a complaint must be facilitated is inherent in the Bundespflegegeldgesetz (Federal Care
Allowance Act) and that therefore a complainant must be given the possibility to lodge a
complaint without facing too many legal obstacles. At the same, however, it recognises that
a letter for being judged as complaint requires that an official notification on the granting of
care allowance must have come into legal existence through receipt at least at the time the
letter was posted.
Since no official notification had come into existence in the above sense in the case at
hand, the written submission of January, 28 neither could be regarded as a complaint nor
was the transmission of the data necessary for the Federal Pension Authority to exercise its
statutory functions. Despite the good intention to facilitate the commencement of a complaint, the forwarding of statements to the Linz Regional Court must therefore be considered as violation of the fundamental right to data protection laid down in Sect. 1 the DSG
2000 from an objective point of view.
2.8
Right to Respect of Private and Family Life (Article 8 of the
European Convention for the Protection of Human Rights and
Fundamental Freedoms)
2.8.1
During the gathering of required information, 'incognito adoptions' must be taken into consideration
(VA BD/88-V/04, BMVIT-14.500/0155-I/CS3/2005)
According to Sect. 19 para. 1 of the Führerscheingesetz (Driver’s License Law), theoretical
and practical training at a driving school may be begun at the age of 16, if an advanced
authorization to drive a class 'B' vehicle is applied for and approved. The juvenile applicant
must provide, among other information, the names of one or two people who will accompany him/her during instructional drives. In addition, it is required to produce a declaration
of consent from the parent or guardian, if a chosen escort is not also his legal representative.
The form to be filled out in the context of this application (Internet Form number 19) contains, on page one, questions concerning the person of the applicant, who must provide not
only his surname, but also his surname at the time of birth, other earlier family names and
the first names of his biological parents.
For the reasons set out in the Fundamental Rights Section of the 28th Report to the National Council and the Federal Council (p. 344), the Ombudsman Board is of the opinion
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