The Federal Minister within whose realm of responsibility the matter
fell was of the opposite view: she argued that the existing law was
probably in conformity with the constitution. However, the Constitutional Court sided with the AOB, and in December 2010 rescinded the
provision on the grounds that it contravened the principle of equal
treatment. The new, amended version of the travel allowance regulations is in line with the AOB’s arguments in the above case. However, other provisions still seem unconstitutional, not least in light
of the Constitutional Court’s recent findings. The AOB has therefore
asked the Federal Minister within whose realm of responsibility the
matter falls to reassess the legislation.
Provisions rescinded
by the Constitutional
Court
Right to private and family life
VIDEO CAMERA ENCROACHING ON PRIVACY
Throughout Austria, the number of private video cameras used
to monitor houses, building frontages etc. is on the rise. In many
instances, the background to this is a feeling of security for the
individuals involved, and protection of property. At the same
time, citizens have quite rightly become more sensitised, particularly if they feel their privacy may be being encroached upon
due to actual or suspected video monitoring.
A resident of the Municipality of Gaweinstal in Lower Austria complained to the AOB that his house (located opposite a kindergarten
and the offices of the local authorities) was being monitored by a
video camera attached to the front of the aforementioned buildings.
Mr. N. suspected that this was somehow connected to a registration
infringement with which he had been charged. He alleged that the
municipality was evidently trying to keep watch on him as he entered
or left his house. According to a newspaper article, the mayor had
allegedly made the following statement: "It is nothing but a dummy
video camera and will be taken down on Monday. This gentleman
has been annoying us for years, now we want to annoy him a little."
Example case
In a similar case, the Supreme Court has already ruled that there is
no difference between a dummy video camera and a functioning
one. The more important issue is whether the individual involved has
Clear Supreme
Court ruling
31
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents