Brinek: Berndorf: Road safety versus privacy law?

Berndorf: Road safety versus privacy law?

ORF-Series "Bürgeranwalt" (“Advocate for People”) – Broadcast of September 6th, 2008

Is it admissible that a traffic mirror mounted on the opposite side of the road shows not only the traffic but also the inside of a living room? Is it admissible to sacrifice the privacy of the home to road safety?

Ombudswoman Gertrude Brinek reveals this acute conflict of interest that has been raging since May 2008 in the municipality of Berndorf.

What is at issue is that a citizen of Berndorf wants to be able to safely drive out of his garage situated on a slight turning of the road. At his own expense, he obtained from the municipality of Berndorf the installation of a traffic mirror on the opposite side of the road. As the mirror allows one to see into the living room of the neighboring house, two ladies have complained that their privacy and safety have been endangered.

During the following months, the municipality failed to listen to the complaints of the two ladies.

It was only thanks to the involvement of Ombudswoman Gertrude Brinek that the Mayor of Berndorf offered publicly on TV either to lower or remove the mirror.

Ombudswoman Gertrude Brinek gave the following assessment on the matter: privacy is a right protected by constitutional law and the need of a mirror for traffic safety reasons is a matter that should be assessed by a traffic analyst. Therefore should it be necessary to adopt some measure to ensure road safety, one should look for the measure that least endangers the privacy of a person.

Ombudswoman Gertrude Brinek has requested the mayor to have this matter analyzed by a traffic technician so as to find a solution that will ensure road safety without endangering the privacy of these ladies.

The Mayor of Berndorf gave his assurance that he would act immediately on this advice and report back. The result of the examination of these complaints by the Austrian Ombudsman Board is therefore to be seen as a success for the complainants.

Klosterneuburg: Meter high accumulation of earth despite building freeze?

No good news from Ölberg / Klosterneuburg.

During the ORF broadcast ‘Bürgeranwalt’ (People’s Advocate) of 17 May 2008, the Austrian Ombudsman Board reported on a building project of a celebrity considered to be threatening by the residents. In clear violation of the terms of a legally binding building authorization, the neighbor had erected a 7-meter high earthen wall on the boundary of the neighboring property so as to build a swimming pond. A ‘verbal’ building freeze had no effect and the building project is almost finished. The building negotiations, which were announced for June by the Mayor, are yet to be begun.

Ombudswoman Gertrude Brinek’s expressed her opinion on this matter as follows: ‘A building freeze should not be ignored! Or else we shall end up ignoring the rule of law in everyday matters in Austria. The approach of the Mayor so far would in any case imply maladministration!’ The written statement submitted for the ORF broadcast – no representative of the municipality came to the discussion – promising to keep the Austrian Ombudsman Board constantly informed on the proceedings was duly registered by Ombudswoman Gertrude Brinek.