Ex-post control The AOB believes that it is especially vital in a sensitive legal area like data protection for the Data Protection Commission (or the Data Protection Authority from 1 January 2014) to process any notifications received within a reasonable period. Individual case: VA-BD-BKA/0017-A/1/2012, DSK-K087.116/0002-DSK/2013 3.3 Europe, Integration and Foreign Affairs 3.3.1 Fundamental Rights Data protection violations All embassies are required to strictly comply with data protection provisions in performing the tasks with which they have been entrusted. Fundamental right violated Based on a complaint by Mr N.N., the Data Protection Commission and the AOB unanimously determined that the Austrian Embassy in Ankara violated N.N.’s constitutional right to non-disclosure of personal data (data protection). The embassy had passed on an employee’s report stating his name to different authorities without a legal basis. Violation must not be without consequences In light of these investigative proceedings, the AOB informed the Vice-Chancellor that it would be appropriate for the Austrian Embassy in Ankara to formally apologize to Mr N.N. for the violation of his constitutional right to non-disclosure of his personal data. In addition, the embassy should be instructed to ensure in the future that it performs its tasks under data protection requirements more precisely. Finally, it would be advisable to send Mr N.N. a final completion letter for his request sent to the Austrian Foreign Ministry taking account of the results of the investigation by the Data Protection Commission and the AOB. Insufficient response from the Ministry However, the Austrian Foreign Ministry only confirmed to the AOB that it had taken this case as an opportunity to discuss a co-operation with the data protection contact at the representative authorities of the Federal Ministry of the Interior. For reasons not clear to the AOB, the department did not take further action regarding the suggestion that the Austrian Embassy in Ankara formally apologize to Mr N.N. for the violation of his right to non-disclosure of his personal data. This is regrettable simply because each violation of a constitutionally guaranteed right represents a severe case of maladministration per se. Individual case: VA-BD-AA/0012-A/1/2012, BMeiA-AF.4.15.08/0076-IV.2a/2013 42