BVwG - W214 2235505-1: Difference between revisions

Revision as of 13:50, 21 September 2021

BVwG - W214 2235505-1

Court:	BVwG (Austria)
Jurisdiction:	Austria
Relevant Law:	Article 6(4) GDPR Artikel 8, 10 EMRK Artikel 8, 10 GrCH § 1 DSG § 48a BAO §§ 1-4 AuskunftspflichtG
Decided:	28.07.2021
Published:
Parties:	Federal Administrative Court Austria
National Case Number/Name:	W214 2235505-1
European Case Law Identifier:	ECLI:AT:BVWG:2021:W214.2235505.1.00
Appeal from:
Appeal to:	Not appealed
Original Language(s):	German
Original Source:	RIS (in German)
Initial Contributor:	n/a

The Federal Administrative Court Austria (BVwG) granted a journalist access to information on financial aids issued by the Federal Ministry of Finance during to the COVID-19 pandemic. The extend of the access generally covers information on aids for corporate entities but not those for individual entrepreneurs.

English Summary

Facts

The complaining journalist requested information from the Federal Ministry of Finance Austria on the names and sums of all companies that received financial aid in the form of tax deferrals, grants or loan guarantees during the COVID-19 pandemic.

The authority rejected the complainants request, arguing that it cannot provide the requested information due to a statutory duty of confidentiality coming from data protection (§ 1 DSG) and related tax laws (§ 48a BAO). Accordingly, the disclosure of the names of all companies including the concrete amounts of their respective COVID-19 support services would reveal too concrete and detailed information on the businesses earnings situation, profitability and competitiveness.

Holding

The BVwG held that the authority has to grant the journalist with access to information on the issued financial aids for corporate entities but not on those for individual entrepreneurs.

The court argued, that the complainant’s work as a journalist fulfils the social role of a "public watchdog" to prevent financial abuse during the exceptional COVID-19 pandemic. In line with European principles, publications of aid beneficiaries are of great social interest and strengthen both the control and contribution of the public to the appropriate use of funds by the administration. Moreover, the journalist is itself bound by the legal framework of his employment and respective obligations to protect companies affected by the reporting. The court therefore held that the authority has to provide the journalist with access to the information on financial aids issued on corporate companies.

On the other hand, as far as individual entrepreneurs are concerned, the court finds a more serious interference with the fundamental rights of the individual. Accordingly, in situations where the information issued refers to an individual entrepreneur, the balance of interest shifts to overweighting rights of the individual behind the business (§ 1(2) DSG, Article 6(4) GDPR). The Information on financial aids for individual entrepreneurs therefore may not be provided to the journalist. However, this does not apply where union law provides legal exceptions to these provisions, like in the case for aids higher than €500,000€ (Article 9(1)(c) Regulation (EU) No 651/2014).

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English Machine Translation of the Decision

The decision below is a machine translation of the German original. Please refer to the German original for more details.

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-The Federal Administrative Court Austria (BVwG) granted a journalist access to information on financial aids issued by the Federal Ministry of Finance during to the COVID-19 pandemic. The extend of the access generally covers information on such aids for corporate entities but not those on individual entrepreneurs.
+The Federal Administrative Court Austria (BVwG) granted a journalist access to information on financial aids issued by the Federal Ministry of Finance during to the COVID-19 pandemic. The extend of the access generally covers information on aids for corporate entities but not those for individual entrepreneurs.
 == English Summary ==
 === Facts ===
-The complainant, a journalist from Austria, requested information from the Federal Ministry of Finance in Austria on the names and sums of all companies that received aid in the form of tax deferrals, grants or loan guarantees during the COVID-19.
+The complaining journalist requested information from the Federal Ministry of Finance Austria on the names and sums of all companies that received financial aid in the form of tax deferrals, grants or loan guarantees during the COVID-19 pandemic.
-The authority rejected the complainants request, arguing that it cannot provide the requested information due to a statutory duty of confidentiality coming from data protection and related laws. Accordingly, the disclosure of the names of all companies including the concrete amounts of their respective CÓVID-19 support services would reveal too concrete and detailed information on the businesses earnings situation, profitability and competitiveness.
-=== Dispute ===
+The authority rejected the complainants request, arguing that it cannot provide the requested information due to a statutory duty of confidentiality coming from data protection ([https://www.ris.bka.gv.at/eli/bgbl/i/1999/165/A1P1/NOR40139563 § 1 DSG]) and related tax laws ([https://www.jusline.at/gesetz/bao/paragraf/48a § 48a BAO]). Accordingly, the disclosure of the names of all companies including the concrete amounts of their respective COVID-19 support services would reveal too concrete and detailed information on the businesses earnings situation, profitability and competitiveness.
 === Holding ===
-The BVwG held that the ministry has to grant the journalist with access to information on the issued aids for corporate entities but not on those for individual entrepreneurs.
+The BVwG held that the authority has to grant the journalist with access to information on the issued financial aids for corporate entities but not on those for individual entrepreneurs.
-The court argued, that the complainant’s work as a journalist fulfils the social role of a "public watchdog" to prevent financial abuse during the exceptional and historical COVID-19 pandemic. In line with European principles, publications of aid beneficiaries are of great social interest and strengthens both control and contribution to the appropriate use of public funds. Moreover, the journalist is itself bound by the legal framework of his employer and conditions to protect companies affected by the reporting. The court therefore held that the authority has to provide the journalist with access to the information on the aids issued on corporate companies.
+The court argued, that the complainant’s work as a journalist fulfils the social role of a "public watchdog" to prevent financial abuse during the exceptional COVID-19 pandemic. In line with European principles, publications of aid beneficiaries are of great social interest and strengthen both the control and contribution of the public to the appropriate use of funds by the administration. Moreover, the journalist is itself bound by the legal framework of his employment and respective obligations to protect companies affected by the reporting. The court therefore held that the authority has to provide the journalist with access to the information on financial aids issued on corporate companies.
-On the other hand, the court argued that as far as individual entrepreneurs are concerned, such information implies a more serious interference with the fundamental rights of the individual. In such situations, the data inferred a balance of interest favours the individual entrepreneurs according to both national data protection law (§ 1(2) DSG) as well as the GDPR (Article 6(4) GDPR). Information on the financial aids for individual entrepreneurs therefore may not be provided to the journalist. However, this does not apply where union law provides legal exceptions to these provisions, like it is the case for aids higher than €500,000€ (Article 9(1)(c) Regulation (EU) No 651/2014).
+On the other hand, as far as individual entrepreneurs are concerned, the court finds a more serious interference with the fundamental rights of the individual. Accordingly, in situations where the information issued refers to an individual entrepreneur, the balance of interest shifts to overweighting rights of the individual behind the business ([https://www.ris.bka.gv.at/eli/bgbl/i/1999/165/A1P1/NOR40139563 § 1(2) DSG], [[Article 6 GDPR|Article 6(4) GDPR]]). The Information on financial aids for individual entrepreneurs therefore may not be provided to the journalist. However, this does not apply where union law provides legal exceptions to these provisions, like in the case for aids higher than €500,000€ ([https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014R0651&from=DE#d1e4808-1-1 Article 9(1)(c) Regulation (EU) No 651/2014]).
 == Comment ==