Court case W287 2248365-1/12E – Court Ruling (Austria, 2024)

A journalist submitted a query on the outcome of an interrogation of two police officers to the state police department. The state police department responded that due to paragraph [https://www.ris.bka.gv.at/eli/bgbl/i/1999/165/A1P1/NOR40139563?ResultFunctionToken=5fed9deb-b9d5-47fc-901c-04b45e84e503&Position=1&SkipToDocumentPage=True&Abfrage=Bundesnormen&Kundmachungsorgan=&Index=&Titel=&Gesetzesnummer=&VonArtikel=&BisArtikel=&VonParagraf=&BisParagraf=&VonAnlage=&BisAnlage=&Typ=&Kundmachungsnummer=&Unterzeichnungsdatum=&FassungVom=05.11.2024&VonInkrafttretedatum=&BisInkrafttretedatum=&VonAusserkrafttretedatum=&BisAusserkrafttretedatum=&NormabschnittnummerKombination=Und&ImRisSeitVonDatum=&ImRisSeitBisDatum=&ImRisSeit=Undefined&ResultPageSize=100&Suchworte=Datenschutzgesetz 1(1) of the Austrian National Data Protection Act] (Datenschutzgesetz – DSG) the provision of information was not possible. In its reasoning the state police department highlighted that the police officers in question were identifiable through publicly available video footage. It further stated that the journalist did not show an outweighing interest which would warrant the provision of information. The journalist responded to the state police department explaining that he is not interested in personal data on the police officers but merely requests to know the outcome of the interrogation which he was informed about. He further submitted that he does not intend to publish the provided information. The state police department explained that providing the information would enable drawing conclusions on whether the officers were subject to disciplinary measures which in turn affects their standing as employees and therefore their concerns their right to privacy. The journalist filed a complaint on the 6 October 2021 alleging that the state police department had not objectively balanced the interests of the police officers with the journalists request for information. The complaint was forwarded t