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Austria / Constitutional Court / UA2/2015 ua

Federal Ministry of Finances

Policy area:
Information society
Deciding Body type:
National Court/Tribunal
Deciding Body:
Constitutional Court
Decision date:

Key facts of the case:

To thoroughly investigate the facts about the Hypo-Alpe Adria bank bankcrupcy case, an investigation committee (Untersuchungsausschuss) was installed in parliament. The Federal Ministry of Finances was requested by the head of the committee to submit certain documents to the committee in a non-covered or non-blackened (ungeschwärzt) manner. The Federal Ministry of Finances stated that due to legal provisions it is not allowed to do so and refused to hand over those docuements in a non-blackened form. It filed the case to the Consitutional Court to receive the Court’s understanding the procedure of submission of files to an investigation committee. The legal norms in question are the Data Protection Act, the ECHR as well as the law on banks (Bankwesengesetz).

Outcome of the case:

The Constitutional Court stated that the Ministry of Finances is obliged to give four clearly named documents to the investigation committee in an non-blackened way, as asked for by the investigation committee and second applicant to the Constitutional Court.