Right to Privacy : The Case of Mikrozensus in Austria

Abstract: This essay studies the term privacy and its relation with the Mikrozensus survey, which is a survey conducted in Austria, amongst other countries, and forces chosen respondents by law to be part of the study. For the purpose of this essay, the questionnaire used for the Mikrozensus study published by Statistik Austria, which is the responsible institution for the survey, has been analysed using a content analysis in addition to a concept analysis of the term privacy. The theoretical frame on the subject of privacy is based on Raymond Wacks views. Further EU law and especially Article 8 of the European Convention on Human Rights form the legal framework of the study. The main results of the study show that privacy is a very broad term, difficult to define clearly since it’s meaning differs from culture to culture, person to person and over time. In the legal sense privacy cannot be used very specifically, but instead it’s meaning is built up over time with the help of legal cases concerning privacy. But the ECHR Article 8 (1) does state that generally everyone has the right to respect for his/her private life. The Mikrozensus is conducted without keeping the individuality of the privacy term in mind. Therefor the Mikrozensus study does not have its place in the discussion on privacy as a human right. It becomes clear that questions about matters classed as private in the communication between individuals are not necessarily so in communication between individuals and the state. Finally, this study points towards that the Mikrozensus survey in Austria is based on law, but breaches can be observed.