Kostelka: How to get rid of a data-twin?

How to get rid of a data-twin?

ORF-Series "Bürgeranwalt" (“Advocate for People”) – Broadcast of April 19th 2008

Any citizen, Austrian or foreigner, can ask at the registry office, if and where a person has his or her permanent residence, if at least first name and surname are known. The information can be given by any registry office in Austria by the Central Registry (ZMR). Ombudsman Mr. Kostelka exemplified the problem with the very unhappy situation of Mr. F.H. . Mr. F.H. was confronted with the fact that there is another person, who not only was born on the same day but also had the same first- and surname. There are aproximately 600 such data-twins in Austria.

Again and again Mr. F.H. is confronted with unjustified claims and messages not concerning his person. In 2008 Mr. F.H. applied for an exoneration from his obligatory insurance at the competent social security office, when he wanted to start a small trade. He was surprised by getting the message from there, that he fullfilled all qualifications for an exoneration, but still was obliged to pay up his insurance contributions in the amount of € 1.290,09. On the letter he received there was written the social security number of his data twin, which is different to his own only in the first four numbers. A few days later he recieved a letter from a debt collecting office charging him another € 1.290,09, which were in fact owed by his data twin. The fact alone, that Mr. F.H. is annoyed in such a way and also can reach sensitive data, which do not at all concern him, does not only show deficits in the data information system but also indicates violations of data protection rules.

The Ombudsman immediately informed the union of creditors and the office of the social security insurance asking for immediate measures to avoid such mistakes. Ombudsman Mr. Kostelka pointed out, that at any rate the social insurance authorities should be able to avoid such mix ups. In the meantime Mr. F.H. has also experienced, that his second first name he often uses in legal transactions, has diminished the risk of mistakes concerning the wrong use of data. The problem can also be solved by putting the qualification sign „Q“ beside the name of the person concerned. In addition to that there is the possibility of locking the data information system in the interest of data protection.

The problem is as well known in the area of legal executions. The Ministry of Justice has been trying to solve the problem of data twins since 1989. Hence, courts have been called upon to forward „data-doubles“ to the Ministry of Justice, which informs all courts dealing with execution affairs about these. By doing so, a claim of the non-debitor was supposed to be avoided.

However, there is no absolute security for getting rid of a datatwin permanently.