ABSTRACT
Mr Ludwig Friedl was one of the participants in a demonstration that he had organised with other persons with a view to drawing public attention to the plight of the homeless. The demonstration began on 12 February 1988 in an underground passage for pedestrians; there was a round-theclock sit-in of some 50 persons which was organised to coincide with the demonstration. Police accompanied by municipal officials attended and instructed the homeless persons to leave and informed them that their demonstration required an authorisation under the Road Traffic Act. As the demonstrators did not immediately comply, the identities of some of them were taken down. In the course of the operation the police took photographs for use in the event of prosecution. The whole proceedings were also recorded on video-cassette. The applicant complained to the Constitutional Court of breaches of his rights under in particular A 8 and 11 of the Convention. The Constitutional Court rejected his complaint. Comm found unanimously NV 8, by majority (19-4) V 13 as regards a remedy in respect of the gathering and taking down of personal data, (14-9) NV 13 as regards a remedy in respect of the taking of photographs and their storing.
