Privacy Statement pursuant to Art.13 of the General Data Protection Regulation (GDPR)
A. Collection and processing of personal data by the Constitutional Court
Data processing activities at the Constitutional Court mainly relate to applications submitted within the framework of the legal powers of the Constitutional Court. Moreover, data are processed, in particular, in connection with other contacts or in the context of visits to the Court’s website.
1. Applications submitted to the Constitutional Court
Data processing is performed in accordance with the law and is necessary in the context of applications submitted to the Court within the framework of its judicial activity. The data are transmitted to the parties to the proceedings and – depending on the procedural requirements – to other bodies concerned, as well as the Revenue Office for Stamp Duties and Transfer Taxes (Finanzamt für Gebühren, Verkehrssteuern und Glücksspiel). Lawyers and public authorities – depending on the technical infrastructure available to them – are obliged to submit briefs and enclosures electronically. Constitutional Court proceedings are conducted electronically. In principle, the following data of applicants (and their lawyers) are collected and processed:
First name, surname, postal address, postal code, designation of the application, date of submission, submitter’s reference number, type of legal act challenged, date of the legal act challenged, date of service of the legal act challenged, fee payable.
Deletion of data is performed in accordance with the provisions of the Act on Federal Archives in conjunction with the Federal Archives Regulation.
If a submission does not qualify as an application in the meaning of the Federal Constitutional Law, the personal data communicated are processed for the purpose of replying to the submission and recording the transaction; the data are deleted after the end of the period of data storage required by law.
2. Visit to the website of the Constitutional Court
As a rule, personal data (any information relating to an identified or identifiable natural person, such as name, address, telephone number, etc.) are not required for use of the website. However, as IP addresses also qualify as personal data, the Constitutional Court draws the user’s attention to the fact that visits to the website of the Constitutional Court are recorded for statistical purposes. When the user visits the website, a functional cookie is placed on the user’s computer, which is necessary for the website to function and will be deleted at the end of the browser session.
Webalizer
If you visit our website, data about access that is not related to your person, such as type of browser, time and date of access (so-called log files) are gathered and saved. The web server does not save entire IP addresses. The Webanalysis-Tool “Webalizer” can anonymise IP addresses. The IP addresses of potential users are shortened by the last three digits so that a personal connection cannot be established anymore and users remain anonymous. Some of the anonymised access data is used to optimise the website and to count visitors and downloads. Personal data, however, is not handled in this process.
Online Orders
However, if you use our online form to order rulings of the Constitutional Court (Online-Order) you will be asked to indicate your name and personal information. This information is necessary to process your order. It is your own decision to disclose your personal data and to use this service. Personal data that has been recorded for an online order will immediately be deleted after the order has been completed.
Search function
When the search function of the Constitutional Court’s website is activated, the IP address is transmitted to an order processor, which conducts the website search on the basis of the searcher’s consent and the justified interests of the controller in an easily searchable website.
3. Social media
Youtube
On our website, Youtube is used to embed videos, especially those from our Youtube channel. Youtube videos are marked by pictures with a white circle and a right-hand oriented triangle (play button) in the middle. These pictures are located on our server. Youtube is an offer by Google Inc. and resides in 901 Cherry Avenue, San Bruco, CA 94066, USA. Embedded videos are solely used in privacy mode, i.e. Youtube does not save any information on visitors of our website, as long as they merely browse our site. If you want to watch a video and navigate the cursor across the picture, you will be asked to “activate the video”. Only by clicking on this link a connection to Youtube is established and thereby your IP address is transmitted to Youtube. The data transmission is accepted by clicking on this link. This can trigger further data processing (e.g. Youtube’s use of cookies) which we cannot influence. Details on the purpose and scope of Youtube’s data collection and usage as well as on your rights and settings for the protection of Youtube clients can be found in Youtube’s privacy policy (https://www.youtube.com/t/privacy).
The media spokesman of the Austrian Constitutional Court uses a Twitter Account (https://twitter.com/VfGHSprecher) for announcements to the interested public. The Twitter Policy of the Constitutional Court is disclosed. Twitter is an offer by Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA. Visitors of our website have the opportunity to directly view tweets on the website of the Court. Again, please note that Twitter is displayed in privacy mode, i.e. it does not save information about the visitors of our website, as long as they merely browse our site. The spot in which tweets can be embedded is marked by a blurred picture of a Twitter conversation. This picture is located on our server. If you want to take a look at the Twitter conversation, you have to become active and turn the button above the picture “ON”. Only then a connection to Twitter will be established and your IP addressed shared. By switching to “ON” you accept these terms. Again, we do not have influence on any data processing from hereon. For details on the purpose and scope of Twitter’s data collection and usage as well as on rights and settings for the protection of Twitter clients, please consult Twitter’s privacy policy (https://twitter.com/privacy?lang=de).
4. Establishment of contact
Contact in writing
In the case of submissions received in writing, the contact data available are processed for the purpose of dealing with the submission. Data processing serves to fulfill a legal obligation and/or to perform a task in the public interest. The contact data are used exclusively for the direct exchange of correspondence. The data are deleted as required by the relevant legal provisions, such as the Federal Archives Act, the Federal Archives Regulation, the 2013 Federal Budget Act and the 2013 Federal Budget Regulation.
Telephone calls
In the case of telephone calls, the caller’s data required for the purpose of dealing with and forwarding the call are processed (Art.6 para.1 points a, c and e GDPR). These include, in particular, the caller’ name and contact data, the reason for the call, and the date and time of the first contact. The data are deleted on a case-by-case basis as soon as storage is no longer necessary.
5. Visitors
In principle, personal data of visitors are not stored, unless a person has been banned from entering the building. In that case, the contact data of the person concerned, as well as any other information available, are processed in order to ensure the security of the court building and the persons in it and to perform tasks in the public interest. The date and time of the person’s appearance as well as information on the incident are also recorded. The deletion of such data is incompatible with the purpose of processing.
Video surveillance
The areas marked as entrances to the Constitutional Court are equipped with stationary real-time image processing equipment. Video surveillance serves for the preventive protection of the court building and the persons in it in accordance with sect.12 para.3 point 2 of the Data Protection Act.
Attendance of or participation in proceedings, events and guided tours of the Constitutional Court
In connection with public proceedings and other events of the Constitutional Court, the contact data of participants and/or visitors are processed, if necessary, in order to comply with a legal obligation and to perform a task in the public interest, the objective being to ensure a smooth conduct of the event. The data are stored as long as they might be required for the enforcement of legal claims and as long as deletion is not permitted by law.
Audio recordings of public oral proceedings are made to facilitate the drafting of a verbatim record of the proceedings; the provisions of the Code of Civil Procedure apply mutatis mutandis. The data are deleted as soon as the verbatim record has been finalized or at the end of the proceedings, at the latest.
Photographs or films can be made in the course of events and guided tours. These are used for reporting and information purposes as well as for the documentation of such events. The house rules of the Court as well as notice boards within the building and any invitations contain a note informing those present that they have the right to request not to be shown on such photographs or films. If no such request is expressed, the Constitutional Court takes this as consent to data processing and the photographs are archived for the purpose of documentation of the event.
6. Activities of contracting partners
The data of contracting partners of the Constitutional Court are processed for pre-contractual and contractual purposes and on the basis of legal requirements. Data storage after the execution of the contract is based, inter alia, on the provisions of the 2013 Federal Budget Act and the 2013 Federal Budget Regulation (see Privacy Policy of the Federal Ministry of Finance: https://www.bmf.gv.at/services/datenschutz.html#heading_Download_der_Datenschutzerklaerung_2). In particular, in the case of contractual relations covering special duties of documentation of inspections performed, the contact data are also recorded, for instance, in manuals or maintenance logbooks and continuously updated. Contact, tax and business data are processed.
7. Job applications
When applications for positions at the Constitutional Court are received, the data communicated by the applicant as well as any data generated in the course of application procedures are processed. Data processing is performed for the purpose of the application procedure and therefore serves to fulfil a legal obligation (1979 Civil Servants Act, 1948 Act on Contract-Based Employment). Data are treated as confidential and not transmitted to third parties, unless required by law. The storage and/or deletion of data is governed by the provisions of the 1979 Civil Servants Act (sections 280ff). Unsolicited applications may be kept on record for a period of nine months and will be deleted thereafter.
B. Automated decison-making
Automated decision-making pursuant to Set.22 GDPR is not allowed at the Constitutional Court.
C. Rights of data subjects
As a matter of principle, data subjects have a right to information, rectification, deletion, restriction of processing and data portability as well as a right to object (Art.15 to 21 GDPR).
If the lawfulness of data processing is based on consent, the data subject has the right to withdraw consent at any time. The lawfulness of processing based on consent before the time of its withdrawal is not affected (Art.7 para.3 GDPR).
The rights of data subjects pursuant to the GDPR can only be invoked in writing. The request must be accompanied by a relevant proof of identity (e.g. copy of an identity document).
In the event of violation of their rights pursuant to the GDPR by the Constitutional Court, data subjects can lodge a complaint with the Constitutional Court (sect. 88b Constitutional Court Act 1953).
D. Contact
1. Controller
Verfassungsgerichtshof
Freyung 8, 1010 Wien
Tel.: +43 1 53 122 - 0
E-Mail: vfgh@vfgh.gv.at
2. Data protection officer
Mag. Gernot Friedl
Verfassungsgerichtshof
Freyung 8, 1010 Wien
Tel.: +43 1 53 122 - 1163
E-Mail: dsb@vfgh.gv.at