a subjective impression of being watched by a video camera. If the individual feels as though he/she is being watched when entering or leaving their house, this constitutes a significant encroachment upon privacy. This also applies even if the alleged camera is merely a dummy. AOB issued warning to municipality This in fact contradicts not only Austria's Data Protection Act but also the European Convention on Human Rights. In cases of this kind, it is deemed that there is direct encroachment on privacy and the video camera must be deactivated or taken down. In light of jurisprudence, the municipality was urged to refrain from similar actions in future. PERSONAL DATA FOR STUDENT ALLOWANCES APPLICATION The father of a student complained to the AOB about an application for a student allowance for his daughter. He was required to supply information about his highest education level attained and his profession. He argued that these questions were unnecessary, and that there were no legal grounds for them. Data provided on a voluntary basis for statistical purposes? The Ministry of Science and Research stated the following: the data would be used solely for statistical purposes by the authority providing the students allowances, so that it could determine the efficacy of support for students; the personal data would not be shared with other entities; and answering the questions was "voluntary" and would have no impact on assessment of claims for student allowances. The Ministry did not provide any legal grounds for gathering the data. Legal grounds required The AOB stated the following: it was not clear from the form whether supplying the data was "voluntary" and would have no impact on processing of the application for a student allowance; if the data were to be used for other purposes, legal grounds for gathering the data should have been provided; and the forms should have contained wording stating that answering the questions was not mandatory and that they would be used for statistical purposes only. The Federal ministry uses the data for planning and for evaluating 32