In its decision of February 14, 2022, the data protection authority dealt with an application for the issuance of a mandate decision due to alleged imminent danger in connection with the transfer of files by a federal minister requested by a committee of inquiry pursuant to Section 25 of the Ordinance.
Initially, the data protection authority came to the conclusion that it is in principle possible to submit complaints to the data protection authority in connection with the submission of files by an administrative body subject to information requirements to an investigative committee. The role of the data protection authority in such a case is limited to ex post control.
The data protection authority is entitled to prohibit data processing by means of a mandate notice if there is a significant direct threat to the confidentiality interests of the data subject that are worthy of protection (imminent danger). The applicant justified this on the grounds that information or documents relating to him would be published by third parties (members of the Investigative Committee). However, a prerequisite for the admissibility of a writ of mandate is a dangerous situation on the part of the defendant and responsible party.
The applicant was not able to certify to what extent the contested data processing by the respondent would violate his confidentiality interests. The fear that members of the Investigative Committee would disclose information learned in the course of their work for the Investigative Committee to third parties is merely a hypothetical consideration. For these reasons, the present application for a writ of mandate was dismissed.
The decision is legally binding.
Source: DSB Austria