Fundamental Rights Section 2.4 Freedom of trade (Art. 6 of the StGG Act) 2.4.1 Re-issuance of taxi-driver ID cards (VA BD/250-V/96, BD/342-V/02) According to the judicature of the Administrative Court of Justice and the practice of enforcement based thereon according to Art. 6 Par. 1 Fig. 1 of the Business Rules and Regulations for non-scheduled passenger traffic (BO), new taxi-driver ID card may not be issued to a taxi driver who has temporarily lost his licence to drive his private motor vehicle due to specifically exceeding the permissible maximum speed until at least one year after the re-issuance of his driving licence. Since the AOB considers this legal situation dubious in terms of constitutional law for the th reasons sketched out in its 25 Report to the National Council and the Federal Coun- cil in vie of the fundamental right of freedom to practice a trade, the Federal Minister competent in rem was called upon in a recommendation dated June 14, 2002 to amend the legal situation such that temporary confiscation of a driving licence no longer entails eo ipso a one-year prohibition to practise a profession. The Federal Minister indicated complied with this recommendation in that Art. 6 Par. 1 Fig. 1 of the BO was changed via the amendment Fed. Law Gaz. II No. 337/2003 such that proof that the applicant actually drove motor vehicles regularly for at least one year before submitting the application must only be provided upon the first issuance of a taxi ID. The constitutional problem pointed out by the AOB is thereby solved. 2.5 Data protection (Art. 1 of the 2000 Data Protection Act [Datenschutzgesetz]) 2.5.1 Providing personal registration data to local daily newspapers (VA BD/6-BKA/03) A Ms. M informed the AOB that in the Vorarlberg province, all its citizens are automatically congratulated in local daily newspapers on each of their birthdays after reaching th their 70 one; these persons are not asked whether they wish this and the newspapers also give their addresses. All the Vorarlberg communities and towns provide these data to a daily newspaper for publication without consulting the persons involved as to whether they wish such placements at all. A person’s given name and surname, address and date of birth constitute personally related data as defined in Art. 4 Fig. 1 of the 2000 Data Protection Act. In addition, accord- 20