CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 13 avril 1988

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }                        AS TO THE ADMISSIBILITY OF                         Application No. 10392/83                       by Z.                       against Austria             The European Commission of Human Rights sitting in private on 13 April 1988, the following members being present:                 MM. C.A. NØRGAARD, President                   J.A. FROWEIN                   G. SPERDUTI                   E. BUSUTTIL                   G. JÖRUNDSSON                   A. WEITZEL                   J.-C. SOYER                   H.G. SCHERMERS                   H. VANDENBERGHE              Mrs.   G.H. THUNE              MM.   F. MARTINEZ                   C.L. ROZAKIS              Mrs.   J. LIDDY                Mr.   H.C. KRÜGER Secretary to the Commission           Having regard to Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms;           Having regard to the application introduced on 28 March 1983 by Z. against Austria and registered on 20 April 1983 under file No. 10392/83;           Having regard to the report provided for in Rule 40 of the Rules of Procedure of the Commission;        -   the Commission's decision of 4 March 1985 to invite the         respondent Government to submit specific information         in accordance with Rule 42 para. 2(a) of the Rules of Procedure        -   the information submitted by the respondent Government on         6 May 1985 and the comments in reply submitted         by the applicant on 10 June 1985;        _   the Commission's decisions of 12 October 1985 and         11 October 1986 to adjourn the examination of the case         pending the outcome of the applicant's negotiations with         the competent Austrian authorities;        -   the repeated reports of the applicant on the progress of his         negotiations, the latest information dated January 1988;           Having deliberated;           Decides as follows:   THE FACTS           The facts of the case, which do not appear to be in dispute between the parties, may be summarised as follows.           The applicant is an Austrian citizen born in 1936 who resides in Salzburg.   He is a practising lawyer and as such authorised to represent clients in social security cases.   His office is equipped with a computer terminal.   The applicant is also himself included in the social security system under the General Social Security Act (Allgemeines Sozialversicherungsgesetz).           The 32nd Amendment to the Act (Fed.   Law Gazette No. 704/1976) which came into force on 1 January 1977 provided for the introduction of a computerised legal information system covering the area of social security law.   The relevant provisions have been modified by the 34th Amendment to the Act (Fed.   Law Gazette No. 530/1979), which came into force on 1 January 1983.   S. 31 para. 8 of the Act in the version of these amendments provides that the information system will cover in particular all relevant legal provisions and their amendments as well as the case-law and doctrine relating to them.   The documentation will be prepared and kept up to date by the Head Office of the Social Security Institutions (Hauptverband der Sozialversicherungsträger) in co-operation with the Federal Ministry of Social Affairs (Bundes- ministerium für Soziale Verwaltung) in such a way that the recorded information can be used by the Ministry, the individual   Social Security institutions and the Head Office as well as the legislative bodies of the Federation.   Access must be granted to these bodies and the courts dealing with social security disputes (Leistungssachen). Acces must further be granted on payment of costs to professional organisations of public law (gesetzliche berufliche Vertretungen), provided that the technical and organisational possibilities so permit, and under the same conditions it may also be granted to "other entities and persons" (andere Stellen und Personen).           In 1980 the applicant lodged a motion to challenge this legislation (Antrag auf Gesetzesaufhebung) with the Constitutional Court (Verfassungsgerichtshof).   He invoked in particular Article 10 (the right to receive information) read in conjunction with Article 14 of the Convention.   He complained that the access to the computerised legal information system was restricted and was not granted to everybody as of right.           On 30 November 1982 the Constitutional Court declared the applicant's motion inadmissible for lack of standing.   The Court considered that he was merely economically affected and had not shown an immediate interference with his constitutional rights.           In June 1985 the applicant entered into negotiations with the Head Office of the Social Security Institutions about a possible access to the information system and in particular its financial implications.           On 20 February 1986 S. 31 para. 8 of the Social Security Act was amended to the effect that it provides, within the limits of technical and operational possibilities and on payment of costs, for a general right of access to this information system (41st Amendment - Fed.   Law Gazette No. 111/86, 5 March 1986).           In July 1987 the Head Office of the Social Secuirty Institutions informed the applilcant that it estimated the necessary investment for technical installations enabling his access to the information system at about 50.000 AS and the costs of use per hour at AS 2000.   Considerations to use the existing, allegedly cheaper cable distribution system (Bildschirmtext) run by the postal administration have apparently not been pursued.   COMPLAINTS           The applicant has originally complained under Article 10 read alone and in conjunction with Article 14 of the Convention that under the terms of the Social Security Act as amended in 1979 and 1983 he had no right of access to the legal information system.   Having regard to the legal situation following the 41st Amendment in 1986, he now complains in particular that the envisaged costs for technical installations and use of this information system are prohibitive.   He considers that the State is obliged under Article 10 of the Convention to contribute to an effective right of access to an existing information system and, therefore, to provide for the technical facilities of access to this system at reasonable prices.   PROCEEDINGS BEFORE THE COMMISSION           The application was introduced 28 March 1983 and registered on 20 April 1983.           On 4 March 1985 the Commission decided to request the respondent Government to submit specific information in accordance with Rule 42 para. 2(a) of its Rules of Procedure as regards the regulations concerning access to the information system.   The information by the Government dated 6 March 1985 was received on 7 March 1985.   The applicant's comments of 10 June 1985 arrived on 13 June 1985.           On 12 October 1985 and 11 October 1986 the Commission, upon the applicant's respective requests dated 3 September 1985 and 17 July 1986, decided to adjourn the examination of the case pending his negotiations with the competent Social Security bodies.     THE LAW           The applicant complains under Article 10 (Art. 10) of the Convention that he has no effective right of access to the computerised legal information system on social security law set up by the Austrian Social authorities.           It is true that Article 10 para. 1 (Art. 10-1) of the Convention provides, inter alia, that everyone has the right to freedom of expression, including freedom to receive information without interference by public authority.           The Commission recalls that the freedom to receive information guaranteed by Article 10 para. 1 (Art. 10-1) of the Convention is primarily a freedom of access to general sources of information which may not be restricted by positive action of the authorities (cf.   No. 8383/78, Dec. 3.10.79, D.R. 17 p. 227).           In the present case, the Commission notes the applicant does not claim information concerning his own personal data, but a right of access to general information, i.e. documents, jurisprudence etc, on Austrian social law.   Under S. 31 para. 8 of the Social Security Act as amended in 1986 there is a right of access to the information system also for private persons.   The applicant's claim concerning a statutory right of access to the information system, having been satisfied, is not pursued.           It thus remains to be examined whether the necessary investment for technical installations enabling the access to the information system and the estimated costs of use raise issues under Article 10 read alone or in conjunction with Article 14 (Art. 10+14) of the Convention.           The Commission finds that the applicant has a statutory right of access to the legal information system as it is set up by the Austrian authorities primarily for their internal administrative purposes.   When he avails himself of that right he is in principle subject to the technical facilities of the information system.   The applicant's submissions do not disclose any indication that the Austrian authorities when setting up the information system arbitrarily restricted the access of other users or that the estimated costs for special technical requirements and actual use are prohibitive and therefore interfere with the applicant's rights under Articles 10 and 14 (Art. 10+14) of the Convention.           It follows that the application is manifestly ill-founded within the meaning of Article 27 para. 2 (Art. 27-2) of the Convention.           For these reasons, the Commission           DECLARES THE APPLICATION INADMISSIBLE     Secretary to the Commission         President of the Commission          (H.C. KRÜGER )                        (C. A. NØRGAARD)