The director had instructed the relevant class teacher to pass on the telephone number and in the proceedings had invoked the protection of the legitimate interests of the classmate to receive any compensation for his damaged glasses.
The DPO upheld the complaint and concluded that the disclosure of the telephone number violated the complainant’s right to confidentiality. § 1 para. 1 DSG has violated The director was to be regarded as the data controller pursuant to Art. 4 Z 7 DSGVO, and the disclosure of the telephone number was “sovereign” data processing. Since state interventions according to § 1 para. 2 DSG are only permitted on the basis of laws and no corresponding processing authorization could be derived from the applicable School Education Act (Federal Law Gazette No. 472/1986), the disclosure of the telephone number was unlawful.
The decision is not legally binding.
Source: DSB Austria