Fundamental Rights Section ing to invariable Supreme Court of Justice judicature, the protection standardised in Art. 7 of the 2000 Data Protection Act of persons concerned in provision of data also extend to cover their names and addresses. According to this stipulation, provision of processed data is allowed e.g. if there is express or implicit legal coverage thereof. Although, according to Art. 18 Par. 1 of the 1991 Personal Registration Act [Meldegesetz], the registration authority must provide information from the registration file upon request and against proof of identity, neither this statute nor any other in the Personal Registration Act justifies forwarding the entire stock of information on a registered person in a community to a third party. Based on AOB involvement in the matter and via a decree dated May 23, 2003, the Security Department for the Vorarlberg Province notified all district offices and those of towns with their own charters that the aforementioned provisions [of data] were not covered under the Personal Registration Act. 2.5.2 Security precedes data protection (VA BD/73-I/01) The AOB has become aware from many areas of investigation of the tense situation between the public interest in guaranteeing security and the interest in private data protection. The situation often becomes acute when, in the course of specific administrative proceedings, medical officers compile or process health-related data and, if necessary, forward them for use in other legal areas. In the AOB’s view, in order to guarantee uniform procedure, forwarding health-related data in the public sector should be founded on a clear legal basis; not only individual citizens would be protected from data forwarding extending too far, but the general public would also be protected from too restrictive handling. 2.5.3 Identification department actions (fundamental right to respect for private life, Art. 8 of the EHRC) Art. 65 of the Security Service Act [Sicherheitspolizeigesetz] has existed since September 1, 1993 as a legal basis for Identification Department actions. As of 1997, relevant grievances to the AOB increased. Overall consideration in investigative proceedings established that the security authorities and officers interpret the law broadly and often excessively and that they do not form their administrative practice in line with the law. Personal characteristics (as a rule: photograph, distinguishing physical marks, fingerprints) for identification purposes should be established within the framework of security- 21

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