University of Vienna Law Review (Feb 2023)
Admissibility of a teacher evaluation app in the light of Art 6 (1) f GDPR and the Austrian protection of personality rights (§§ 16, 1330 ABGB) – OGH 6 Ob 129/21w of 2 February 2022
Abstract
After the question of the admissibility of teacher evaluation forums has already occupied the German court several times in recent years, the Austrian Supreme Court (OGH) has now also had to comment on this problem for the first time in its decision 6 Ob 129/21w. This decision deals with the admissibility of teacher evaluations in a forum that is (in principle) accessible to the public under aspects of data protection and personality rights. The focus is, on the one hand, on the admissibility of an evaluation per se, but also on the concrete design of the evaluation forum as well as the possibilities of inspection by the public and the rights of appeal available to the persons concerned.
