Austria
| OVERVIEW | Data Protection is a civil right in Austria. Some sections of the data protection law (Datenschutzgesetz, or DSG) have constitutional status and may only be restricted under the conditions of Article 8 of the European Convention of Human Rights (ECHR). The entire ECHR has constitutional status and the constitutional court in privacy matters often cites Article 8. |
| ENACTED | 2000 |
| GENERAL PRIVACY LAWS |
Austrian constitution does not explicitly provide right to privacy. Article 8 of the European Convention applies. |
| PERSONAL DATA PROTECTION LAWS AND REGULATIONS | The Federal Act on the Protection of Personal Data 2000 implements the European Union’s Data Protection Directive. |
| TYPE OF DATA PROTECTED | Personal Data – which identifies or could identify an individual. |
| WORKPLACE PRIVACY LAWS | Labor Constitution Act of 1974, §§ 91 and 96 provides that the installation of technological facilities at work that are likely to “touch upon human dignity” may be introduced only with the consent of the works council. |
| TRANSBORDER TRANSFERS |
The transfer of personal information to other member states of the European Union is not subject to restrictions. Similarly, there is no restriction with respect to countries that have been determined to provide “adequate protection”. Section 12 of the Act provides numerous other situations where authorization is not required, including where the data subject has given his consent, the transfer of data is required by a contract involving the data subject, or to protect the vital interests of an individual. |
| FINES AND SANCTIONS | The Data Protection Commission enforces the Federal Act. The Commission can render decisions and award damages. |
| OTHER PRIVACY LAWS AND REGULATIONS |
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