The AOB immediately contacted the Federal Ministry of Labour, Social Affairs and Consumer Protection, the main office of the Federal Social AOB initiates comprehensive investigation Welfare Office and ÖSB. The AOB’s main message was as follows: This “care agreement” undermines the fundamental right to data protection and privacy. The confusing structure of the agreement obfuscates the rights of the party involved and thus erodes guarantees provided under the Constitution. Insofar, the refusal to sign such an agreement cannot justify a cancellation of unemployment benefits or emergency financial aid. The point of origin of the AOB’s legal evaluation was the Labour and Health Act, which presumes that participation in health programmes and, in particular, consent to disclosure of health information is Insufficient clarification and circumvention of data protection and privacy guarantees based on a voluntary action. The participating authorities and ÖSB must clearly point out this legal situation. The written care agreement for a health programme must specifically, but not exclusively contain unambiguous (!) information about those rights of potential participants. The AOB made it clear that the fulfilment of this duty of clarification is the basic requirement that a consent to disclosure of personal information can become legally effective at all. The AOB emphasised two additional points: On one hand, sections AOB demands changes of the agreement that refer to the provision of care services must be clearly separated from consent declarations regarding the use and disclosure of personal data. And on the other hand, one would have to phrase the cited consent declarations in such a way that a differentiated treatment of consents is possible: The participants in the health programme should, for example be able to permit use of personal information by ÖSB, but prohibit disclosure to other parties in whole or in part. This is the only way to ensure that the individual can profit from the health programme, while at the same time retaining authority over his/her private sphere. From the AOB’s perspective, the fundamental right to data protection and privacy in the present context dictates that the Federal Ministry of Labour, Social Affairs and Consumer Protection, as the highest authority in the administration of the labour market, and all other cooperation partners of ÖSB must ensure that care agreements are worded in such a way that all participants of the current health programme are actively in a position to assert their right to data protection and the preservation of their private sphere. 83