At its meeting on 11 December, the Committee of Ministers ended its supervision of the execution of the Liebscher v. Austria judgment, which concerns a violation of the applicant’s right to respect for his private life due to the domestic courts’ failure to conduct, in 2016, a comprehensive examination of the requirement to enter into the public land register a full divorce settlement (instead of an excerpt thereof excluding personal data) in order to have his share of a real estate property transferred to his former wife (violation of Article 8)
In its decision of 30 March 2022, the Supreme Court ruled that the relevant domestic court (the Land Registry Court) may decide, despite the lack of a legal basis, to only publish a partial copy in the archive document collection to take into account the persons’ fundamental right to the protection of personal data within the meaning of Article 8 of the Convention. The legislative gap identified in the Supreme Court’s judgment has been filled with the adoption and coming into force in September 2024 of a new legislation.
