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Data Protection Council

The advisory body to the Federal Government and the governments of the lander on legal policy issues relating to data protection in Austria.

Change of ministerial responsibilities

Sub-divisions of the Constitutional Service, which were allocated to the Federal Chancellery, will be taken over by the Federal Ministry of Constitution, Reforms, Deregulation and Justice on January 8th 2018.

The Legal Basis for the change of responsibilities is “Amended Ministerial Law (in German: Bundesministeriengesetz) 1986”, amended Act “Bundesministeriengesetz-Novelle 2017”, BGBl. I Nr. 164/2017.

The Content and Information of the Constitutional Service remain available on this Website until the launch of the Website of the Federal Ministry of Constitution, Reforms, Deregulation and Justice.

The Data Protection Council is an advisory body that advises the Federal Government and the governments of the lander at their request on legal policy issues relating to data protection. It is in charge of ensuring data protection; in this capacity, its primary objective is to observe the development of data protection in Austria and draw up proposals for its improvement. In practice, the Data Protection Council acts autonomously and independently of political guidelines.

The key tasks of the Data Protection Council are to advise on issues of fundamental importance for data protection and to express opinions on legislation drafted by the federal ministries if it is of significance for data protection law. The Data Protection Council can inform the Federal Government and the governments of the lander of its observations, concerns and any proposals to improve data protection in Austria and bring them to the attention of the legislative bodies through the intermediary of these institutions.

Members of the Data Protection Council include representatives of the political parties, the Federal Chamber of Labour, the Federal Economic Chamber, the lander (federal regions), the Association of Municipalities, the Association of Towns and Cities, and a representative of the Federal Government appointed by the Federal Chancellor. The members of the Data Protection Council serve in an honorary capacity.

Legal basis

The Data Protection Council is established as a control body in the Data Protection Act (DSG 2000) (§ 35 (1), §41, §42, §43, §44).