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Federal Data Protection Act (Act)
Unofficial Contents
BDSG
Date of
issue: 20.12.1990
Full
Quote:
Law
Gazette I, p. 66), last amended by Article 1 of
the Law of 25 February 2015
(Federal
Law Gazette I, p. 162) has been changed
Was standing:
For details on the status information
you can find in the menu under Notices
footnote
(+++
Text detection from: 1.6.1991 +++)
The G was 20.12.1990 I
decided in 2954 as Article 1 of G v by the
Bundestag with
the consent of the
Bundesrat..; § 10 para. 4 sentence 3 and 4,
according to the first
day of the
twenty-fourth calendar month following
promulgation in the rest of the first
day of the sixth calendar month
following promulgation. Art. 6 para. 2 sentence 1
u. 2
G v. 20.12.1990 I 2954 came into
force. The G was announced on 29.12.1990.
Unofficial Contents
Site
first section
§ 1
General and
common provisions
Purpose and Scope of
the Law
Revised by Bek v 14.1.2003 I.
66th.
Last amended by Art. 1 G v.
02.25.2015 I 162
§ 2
§ 3
§
4
Public and non-public
bodies
Other definitions
Admissibility of data collection,
processing and use
§ 3a
Data reduction and data economy
§ 4a
consent
§ 4b
Transfer of
personal data abroad and to supranational and
intergovernmental
bodies
§
4c
Exceptions
§
4d
Reporting obligation
§ 4e
Content of
the reporting obligation
§
4f
§ 5
§ 6
Commissioner
for Data Protection
Data secrecy
Rights of the person concerned
§ 4g
Tasks of the
Commissioner for Data Protection
§
6a
Automated individual
decisions
§ 6b
Observation of publicly accessible
areas with optic-electronic devices
§
6c
Mobile personal storage
and processing media
§ 7
§
9
Damages
Technical and organizational measures
§ 8th
Compensation in the case of automated
data processing by public bodies
§
9a
Privacy Audit
§ 10
Establishment of automated retrieval
procedures
§ 11
Collection, processing or use of
personal data on behalf
Second Section
Data processing by public bodies
First
subsection
Legal basis of
the data processing
§ 12
scope of application
§
13
Data collection
§ 14
Data
storage, and use -change
§
15
Transfer of data to
public bodies
§ 16
Transmission of data to private parties
§ 17
(repealed)
§ 18
Implementation of data protection in
the Federal Administration
Second subsection
Rights of the person concerned
§ 19
Information
to the person concerned
§
19a
Notification
§ 20
Rectification, erasure and blocking of
data; Right of appeal
§ 21
Appeal to the Federal Commissioner for
Data Protection and Freedom of
Information
Third
subsection
Federal
Commissioner for Data Protection and Freedom of
Information
§ 22
Election of the Federal Commissioner
for Data Protection and Freedom of
Information
§ 23
Legal status of the Federal
Commissioner for Data Protection and Freedom of
Information
§ 24
Monitoring by the Federal Commissioner
for Data Protection and Freedom of
Information
§ 25
Complaints by the Federal Commissioner
for Data Protection and Freedom of
Information
§ 26
Further duties of the Federal
Commissioner for Data Protection and Freedom
of Information
Third Section
Data processing non-public bodies and
public service competitive companies
First subsection
Legal basis of the data
processing
§ 27
scope of application
§
28
Data collection and
storage for its own business purposes
§
28a
Transfer of data to
credit bureaus
§ 28b
Scoring
§ 29
Commercial data collection and storage
for the sending
§ 30
Commercial data collection and storage
for the sending anonymous
§
30a
Commercial data
collection and storage for the purpose of market
or opinion
research
§
31
Special earmarking
§ 32
Data
collection, processing and use for purposes of
employment
Second subsection
Rights of the person
concerned
§ 33
Notification of the person concerned
§ 34
Information
to the person concerned
§ 35
Rectification, erasure and blocking of
data
Third subsection
Authority
§§ 36
and 37
(repealed)
§
38
Authority
§
38a
Code of conduct to
promote the implementation of data protection
provisions
Section Four
Special provisions
§
39
Limited use of personal
data subject to professional or special official
secrecy
§ 40
Processing and use of personal data by
research institutes
§ 41
Collection, processing and use of
personal data by the media
§
42
Data Protection Officer
of Deutsche Welle
§ 42a
Disclosure in case of unlawful
obtaining knowledge of data
Section
Five
Final Provisions
§ 43
Fines
§ 44
Criminal
provisions
Section Six
Transitional provisions
§
45
Current uses
§
46
Continued validity of
definitions
§ 47
Transitional arrangements
§
48
Federal Government Report
Conditioning (§ 9 sentence
1)
Section One
General and common provisions
Unofficial Contents
§ 1 Purpose and Scope of the
Law
(1) The
purpose of this Act is to protect individuals from
that he is affected by the
handling of
their personal data in his personal rights.
(2) This Act applies to the collection,
processing and use of personal data by
1.
public bodies of the
Federation,
. 2
public
authorities of the countries to the extent the
Notice is not governed by state
law and
provided that they
a)
Execute federal law or
b)
as organs of justice act and it does
not concern administrative matters,
. 3
private parties, so far as they process
the data using data processing systems, use
or collect it or process, use or
collect it, unless the collection, processing or
use of
the data are only for the data
to or from non-automated files personal or family
activities.
(3) As far as
other legislation of the Federal apply to personal
data including their
publication, they
take precedence over the provisions of this Act.
The obligation to
respect the legal
confidentiality obligations or of professional or
special official
confidentiality not
based on legal regulations remains unaffected.
(4) The provisions of this Act take
precedence over those of the Administrative
Procedure Act, in so far as in
determining the facts personal data are processed.
(5) This Act shall not apply unless a
charge in another Member State of the
European Union or in another signatory
to the Agreement on the European
Economic Area establishment situated
site collects personal data in Germany,
processes or uses, unless this is done
by a establishment domestically. This Act
shall apply unless a responsible entity
that is not situated in a Member State of the
European Union or in another signatory
to the Agreement on the European
Economic Area, collects personal data
in Germany, processes or uses. Insofar as
the responsible entity under this Act
is to be mentioned, also provide information on
domestic-based representatives are to
make. Sentences 2 and 3 do not apply if
disks are used only for the purpose of
transit through the country. § 38 para. 1
sentence 1 remains unaffected.
Unofficial Contents
§ 2
Public
and private parties
(1) Public bodies of the Federation are
the authorities, the administration of justice
and other public-law institutions of
the Federation, the federal corporations,
institutions and foundations under
public law as well as their associations
irrespective of their legal form. As
public bodies that emerged from the special fund
German Federal Post Office by law
companies apply as long as they have an
exclusive right under the Postal Act.
(2) Public authorities of the country,
the authorities, the administration of justice and
other public law institutions of a
Land, a municipality, an association of
municipalities
and other supervision of
the country under standing of legal entities of
public law as
well as their
associations irrespective of their legal form.
(3) private-law associations of public
authorities of the federal and state governments,
carry out the tasks of public
administration, apply notwithstanding the
participation of
non-public entities as
public bodies of the Federation, if
1.
they operate over the range of a
country or addition
. 2
the
federal government is one of the absolute majority
of the shares or the absolute
majority
of the votes entitled to.
Otherwise,
they are considered public bodies of the
countries.
(4) Non-public bodies,
natural and legal persons, companies and other
associations
of persons of private law
as they do not fall under paragraphs 1 to. 3 Takes
a private
body performs sovereign
public administration duties, it is the extent of
public
authority within the meaning of
this Act.
Unofficial Contents
§ 3 Other definitions
(1) Personal data is
specific information about personal or factual
circumstances of
an identified or
identifiable natural person (data subject).
(2) Automated processing is the
collection, processing or use of personal data
using
data processing equipment. A non-
automated file is not any automated collection of
personal data which is similarly
structured and which by its characteristics is
available and can be evaluated.
(3) data collection is the acquisition
of data on the person concerned.
(4)
processing, the storage, modification, transfer,
blocking and deletion of personal
data.
Specifically, regardless of the procedures
applied:
1.
Save capturing,
recording or preservation of personal data on a
disk for the purpose
of their further
processing or use,
. 2
Changing the content Remodel stored
personal data,
. 3
Submitting the announce stored or
obtained by data processing of personal data to a
third party in such a way that
a)
the data is passed to the
third party or
b)
the third
parties for inspection or held ready for retrieval
data, or retrieves,
. 4
Lock
to restrict the marking of stored personal data of
their further processing or use,
. 5
Delete the deletion of stored personal
data.
(5) Make each use of personal
data to the extent it does not concern processing.
(6) make anonymous the change of
personal data is such that the details of personal
or material circumstances can no longer
or only be associated with a
disproportionate investment of time,
cost and labor of an identified or identifiable
natural person.
(6a)
Pseudonymisation is to replace the name and other
identification features of an
indicator
for the purpose preclude the determination of the
person concerned or
substantially more
difficult.
(7) Responsible party is any
person or body, collects personally identifiable
information for yourself, processes or
uses or this can make other commissioned.
(8) receiver is a person or body to
whom data. Third is any person or body other than
the controller. Third parties are not
the person or persons or bodies that collect,
process or use within the country, in
another Member State of the European Union
or in another signatory to the
Agreement on the European Economic Area personal
data on behalf.
(9) Special
types of personal data are data concerning racial
or ethnic origin, political
opinions,
religious or philosophical beliefs, trade union
membership, health or sex life.
(10)
Mobile personal storage and processing media are
media,
1.
which are issued
to the person concerned,
. 2
on which personal data about the
storage addition can be processed automatically
by the issuing body or another body,
. 3
where the person
concerned, this processing can influence only
through the use of
the medium.
(11) employees are:
1.
Workers,
. 2
to
their VET employees,
. 3
Participants at services for
participation in working life as well as
clarifications of
professional
qualification or testing work (in need of
rehabilitation and rehabilitation)
. 4
in recognized workshops for the
disabled employees,
. 5
after the Youth Volunteer Service Act
employees,
. 6
Persons who
are to be regarded as workers like people because
of their economic
dependence; These
include the cottage industry workers and
assimilated,
. 7
Applicants
for an employment relationship and persons whose
employment
relationship has ended,
8th.
Officials, civil
servants, judges of the Federal, soldiers and
civilian service.
Unofficial Contents
§ 3a Data reduction and data
economy
The
collection, processing and use of personal data
and the selection and design of
data
processing systems shall be benchmarked against
the goal, so to raise little
personal
data as possible to process or use. In particular,
personal data must be
anonymized or
pseudonymized, to the extent possible on the
intended use and does
not require
disproportionate in relation to the desired level
of protection effort.
Unofficial
Contents
§ 4 Admissibility of data
collection, processing and use
(1) The collection,
processing and use of personal data is permitted
only if this law or
another law permits
or orders or the individual has consented.
(2) Personal data shall be collected
from the person concerned. Without his
involvement, they may only be collected
when
1.
a legal provision
prescribes or peremptorily presupposes or
. 2
a)
the
administrative task to be fulfilled by their
nature or the business purpose requires
a survey of other persons or entities,
or
b)
bringing the person
concerned would involve a disproportionate effort
and there are no indications that
overriding legitimate interests of the person
concerned will be affected.
(3) If personal data are collected from
the data subject, so he is, unless he has
already attained otherwise learned,
over by the party responsible
1.
the identity of the responsible body,
. 2
the purpose of the
collection, processing or use, and
. 3
the categories of beneficiaries only if
the data subject does not have the expected
submission of these to the
circumstances of the individual case,
to teach. If personal data are
collected from the party concerned, whether by
law, the
obligation to provide
information, or is providing the information
requirements for the
granting of legal
benefits, then it is the person, otherwise draw
attention to the
voluntary nature of
his allegations. Unless the circumstances of the
case required or
upon request, he must
be informed of the law and the consequences of
denial of
information.
Unofficial Contents
§ 4a
consent
(1) The
consent is effective only if it is based on the
free decision of the person
concerned.
He is, so far as to indicate the intended purpose
of the collection,
processing or use,
as well as to the circumstances of the case
required or upon
request, to the
consequences of withholding consent. The consent
must be in writing,
unless a different
form is appropriate due to special circumstances.
If consent is in
writing, together with
other statements, it is particularly noteworthy.
(2) In the area of scientific research,
a special circumstance within the meaning of
paragraph 1, sentence 3 is present even
if the specific research purpose would be
significantly affected by the writing.
In this case the information pursuant to
paragraph 1 sentence 2 and the reasons
giving rise to substantial impairment of the
defined purpose of research should be
documented.
(3) As far as special
categories of personal data (§ 3 para. 9) is
collected, processed
or used, the
consent must also explicitly refer to this data.
Unofficial Contents
§ 4b
Transfer of perso
nal data abroad and to
supranational or intergovernmental
bodies
(1) For
the transfer of personal data to bodies
1.
in other Member States of
the European Union,
. 2
other parties to the Agreement on the
European Economic Area or
. 3
the institutions and bodies of the
European Communities
apply § 15 para.
1, § 16 para. 1 and §§ 28 to 30a in accordance
with the rules
applicable to such
transmission laws and agreements, as far as the
transmission in
the context of
activities carried out, in whole or in part within
the scope of the law of
the European
Communities fall.
Paragraph 1 in
accordance with (2) applies to the transfer of
personal data to bodies
referred to in
paragraph 1 that are not made in the context of
activities which fall
wholly or partly
within the scope of the law of the European
Communities, as well as
to other
foreign or supranational or government entities ,
The transmission shall, if
the data
subject has a legitimate interest in excluding
such transmission, particularly
when
the assessments mentioned in sentence 1 Set an
adequate level of data
protection is
not guaranteed. Sentence 2 shall not apply if the
transmission for its
own account by a
public authority of the federal exceeded for
compelling reasons of
defense or the
performance or intergovernmental commitments in
the field of crisis
management or
conflict prevention or for humanitarian action is
required.
(3) The adequacy is assessed
taking into account all the circumstances that are
at a
data transfer operation or set of
data transfer is important; in particular, the
nature of
the data, the purpose, the
duration of the intended processing, the country
of origin
and country of final
destination, the rules applicable to the
beneficiary in question as
well as the
legal standards applicable to him professional
rules and security
measures are used.
(4) In the cases of § 16 para. 1 no. 2
the supplying body shall inform the person of
the transmission of his data. This does
not apply if it can be expected that he
becomes aware of it in some other way,
or if the disclosure would jeopardize public
safety or otherwise be detrimental to
the Federation or a Land.
(5)
Responsibility for the permissibility of the
transmission transmits the forwarding
authority.
(6) The body to
which the data is transmitted is to draw attention
to the purpose of
the fulfillment of
the data are disclosed.
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Contents
§ 4c Exceptions
(1) Within the scope of
activities which fall wholly or partly within the
scope of the law
of the European
Communities, is a transfer of personal data to
authorities other than
in § 4b, para. 1
points referred to, even if you have an adequate
level of data
protection is not ensured
allowed provided
1.
the data
subject has given his consent,
. 2
the transfer is necessary for the
performance of a contract between the data subject
and the data controller or the
implementation of pre-contractual measures which
have been taken at the instigation of
the person concerned, is necessary,
. 3
the transmission for the conclusion or
performance of a contract is needed, which
was in the interests of the person
concerned entered into by the responsible entity
with a third party or is to be closed,
. 4
the transfer is
necessary for the protection of an important
public interest or for the
establishment, exercise or defense of
legal claims in court is required,
. 5
the transmission for safeguarding the
vital interests of the person concerned is
required or
. 6
the transmission of a register which is
intended to inform the public and the public in
general or all either persons who can
prove a legitimate interest for inspection is
open to the extent that the legal
requirements are fulfilled in the particular case.
The body to which the data is
transmitted is to point out that the transmitted
data
may be processed or used only for
the purpose for which they are received.
(2) Notwithstanding paragraph 1,
sentence 1, the competent authority shall approve
individual transfers or certain types
of transfers of personal data to other than those
in § 4b, para. 1 m
entioned
points, if the controller sufficient guarantees
concerning
the protection of personal
rights and the exercise the associated rights
adduced;
such safeguards may in
particular result from contractual clauses or
binding
corporate rules. The postal and
telecommunications companies, the Federal
Commissioner is responsible for Data
Protection and Freedom of Information. If the
transmission is to be carried out by
public bodies, this will evaluate according to
sentence 1.
(3) notify to
the covenant with the countries taken pursuant to
paragraph 2 sentence
1 decisions.
Unofficial Contents
§ 4d
reporting requirement
(1) automated data processing must be
reported 4e of non-public bodies responsible
of the competent authority and of
public responsible bodies of the Federation and
from the postal and telecommunications
companies to the Federal Commissioner for
Data Protection and Freedom of
Information in accordance with § prior to their
commissioning.
(2) The
reporting requirement does not apply if the
responsible party has appointed a
data
protection officer.
(3) The reporting
requirement also does not apply if the responsible
entity collects
personal information
for their own purposes, processes or uses, this is
usually not
more than nine people
constantly engaged in the collection, processing
or use of
personal data and either
there is a consent of the person concerned or the
collection,
processing or use for the
establishment, implementation or termination of a
legal
transaction or legal transaction
similar obligation to the person concerned is
required.
(4) Paragraphs 2 and 3 do not
apply when it comes to automated processing, in
which business-personally identifiable
information from the respective location
1.
for the purpose of
transmission,
. 2
for the
purpose of anonymous transmission or
.
3
for the purpose of market or opinion
research
being saved.
(5) As
far as automated processing operations present
specific risks to the rights and
freedoms of data subjects, they are
subject to audit before processing begins (prior
checking). A preliminary inspection is
carried out in particular if
1.
special categories of personal data (§
3 para. 9) to be processed or
. 2
the processing of
personal data is intended to assess the
personality of the person
concerned,
including his abilities, his performance or his
conduct,
unless that is a legal
obligation or an approval of the concerned or the
collection,
processing or use for the
establishment, implementation or termination of a
legal
transaction or legal transaction
similar obligation to the person concerned is
required.
(6) Responsibility for prior
checking of the Commissioner for Data Protection.
This
assumes the prior checking after
receiving the summary in accordance with § 4g,
para. 2 sentence 1 before. He has to
contact in case of doubt, the supervisor or at
the postal and telecommunications
companies to the Federal Commissioner for Data
Protection and Freedom of Information.
Unofficial Contents
§ 4e
Contents of the reporting obligation
Unless automated data
processing are reportable are to provide the
following
information:
1.
Name or business name of the
responsible body,
. 2
Owners, directors, managers or other
legal or appointed according to the constitution
of the company director and the persons
responsible for the management of data
processing,
. 3
Address of the responsible entity,
. 4
Purpose of data
collection, processing or use,
. 5
a description of the groups of people
concerned and the related data or data
categories,
. 6
Recipients or categories of recipients
to whom the data might be disclosed,
.
7
Standard periods for the deletion of
data,
8th.
proposed
transfers of data to third countries,
.
9
a general description that allows a
preliminary assessment whether the measures
pursuant to § 9 are
appro
priate to ensure the security of
processing.
§ 4d Para. 1 and 4 apply
mutatis mutandis to the amendment of the
information
communicated pursuant to
sentence 1 information, or for the time of
recording and
the completion of the
reportable activity.
Unofficial
Contents
§ 4f Commissioner for Data
Protection
(1)
Public and private bodies, automatically process
the personal data have to
appoint a
data protection officer in writing. Non-public
bodies are obliged for this
purpose no
later than within one month after taking up their
duties. The same applies
when personal
data is collected in other ways, processed or used
and thus generally
at least 20 people
are employed. Sentences 1 and 2 do not apply to
non-public
bodies that constantly
usually employ a maximum of nine individuals with
regard to
automatic processing of
personal data. Where necessary because of the
structure of
a public body, the
appointment of a data protection officer for
several areas is
sufficient. Unless
private parties make automated processing
operations subject to
prior checking,
or process businesslike automated for the sending,
the anonymous
submission or for the
purpose of market or opinion research personal
data they have
regardless of the number
of employees with the automated processing of
persons to
appoint a data protection
officer.
(2) For data protection
officer may only be appointed if they possess the
necessary
expertise to perform its
tasks and reliability. The extent of the required
technical
qualification shall be
determined in particular on the level of data
processing of the
data controller and
the need for protection of personal data which
raises the
responsible entity or used.
For data protection officer and a person can be
appointed
other than the controller;
control also extends to personal data that is
subject to
professional or special
official secrecy, especially tax secrecy under §
30 of the Tax
Code. Public authorities
can order with the approval of their supervisor a
staff
member from another public body
for data protection officer.
(3) The
Data Protection Commissioner is to submit to the
head of the public or non-
public site
immediately. He is not bound by instructions in
the exercise of its
expertise in the
field of data protection. He must not be
discriminated against
because of the
performance of its duties. The appointment to the
Data Protection
Commissioner may also,
at the request of the supervisory authority,
revoked in
corresponding application of
§ 626 of the Civil Code, for non
-public
entities. Is
referred to in paragraph 1
a representative to order for data protection, the
termination of employment is not
permitted, unless that facts exist which justify
the
responsible body for termination
for cause without notice. After its dismissal, the
Commissioner for Data Protection, the
termination within one year after the
termination of the appointment is
inadmissible, unless the responsible party shall
be
entitled to termination for good
cause without notice. To maintain the necessary
expertise to perform its tasks, the
agency is to allow the Data Protection Officer to
take part in further training events
and take over their costs.
(4) The Data
Protection Commissioner is to maintain secrecy
about the identity of
the data subject
and on circumstances permitting conclusions to the
person
concerned, committed, so far as
it is not exempt from the interested party.
(4a) As far as the Data Protection
Commissioner in his work knowledge of data
obtained for the conductor or employed
by public or private body person entitled to
refuse to give evidence for
professional reasons, this right is also the
Commissioner
for Data Protection and
its support staff to. About the exercise of this
right, the
person entitled to the right
to refuse to testify for professional reasons,
unless that
this decision can not be
brought about in the foreseeable future will
decide. As far as
the evidentiary
privilege Commissioner for Data Protection enough
subject his files
and other documents a
seizure prohibition.
(5) The public and
non-public bodies have to assist the Data
Protection Officer in the
performance
of his duties and he, as far as this is
particularly necessary to perform
its
tasks to provide support staff and premises,
facilities, equipment and resources.
Stakeholders may contact the data
protection officer at any time.
Unofficial Contents
§ 4g
duties of the Commissioner for Data
Protection
(1)
The Commissioner for Data Protection works to
ensure that this Act and other
rules
governing the way data protection. To this end,
the Commissioner for Data
Protection in
case of doubt, consult the authority responsible
for data protection
control in the
office responsible authority. He can offer advice
according to § 38 para.
1 sentence 2
take to complete. He has particular
1.
to monitor the proper use of data
processing programs by which personal data are to
be processed; To this end, he shall be
informed in good time of projects for
automatic processing of personal data,
. 2
the persons engaged in
the processing of personal data to take
appropriate
measures with the
provisions of this Act and other regulations on
data protection and
with the specific
challenges of data protection trusts.
(2) The data protection officer shall
be submitted by the responsible body an
overview in § 4e Sentence 1
inform
ation referred to above, as well
as persons
authorized to access
available. The Data Protection Commissioner shall
make the
information according to § 4e
sentence 1 no. 1 to 8 at the request of anyone in
an
appropriate manner available.
(2a) Insofar as a non-public body is no
obligation to appoint a data protection officer
is the head of the private body shall
ensure the fulfillment of the tasks set out in
paragraphs 1 and 2 in a different
manner.
(3) referred to in § 6 para. 2
sentence 4 authorities finds
paragraph
2, sentence 2
shall not apply.
Paragraph 1 sentence 2 shall apply with the
proviso that the official
Data
Protection Commissioner manufactures consultation
with the head of agency;
in case of
discrepancies between the official data protection
officer and the head of
agency decides
the supreme federal authority.
Unofficial Contents
§ 5
Data Confidentiality
The employed in data processing people
is forbidden to collect personal data without
authorization, to process or to use
(data secrecy). These people are, if they are
employed by non-public bodies to
undertake when taking up their duties to maintain
data confidentiality. This undertaking
shall continue even after termination of their
activities.
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Contents
§ 6 Rights of the person
conc
erned
(1)
The rights of the person concerned to receive
information (§§ 19, 34) and to
rectification, erasure or blocking (§§
20, 35) can not be excluded or limited by legal
transaction.
(2) If the data
of the person concerned in the automated manner
saved that several
bodies are entitled
to store and the person concerned can not be
determined in a
position which body has
stored the data, he can turn to each of these
points. This is
bound to the body that
has stored the data, to pass the arguments of the
person
concerned. The person concerned
shall be informed of the forwarding and that
place.
The in § 19 para. 3 points
mentioned, the authorities of the public
prosecutor and the
police and public
bodies of the tax authorities, insofar as they
store personal data in
fulfillment of
its statutory duties within the scope of the Tax
Code on the supervision
and inspection,
may take the person concerned to the Federal
Commissioner for
Privacy and Freedom of
Information teach. In this case the further
procedure 6
go
verned by § 19
para..
(3) Personal data
relating to exercise of a right of the person
concerned, the results
from this Act or
from any other provision on data protection, may
only be used to
meet the benefits
arising from the exercise of the right obligations
of the responsible
body.
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§ 6a
Automated individual decision
(1) decisions which give
rise to the person concerned a legal consequence
by itself
or affect him significantly
may not be based solely on automated processing of
personal data, which serve to evaluate
certain personality traits. A solely on
automated processing based decision is
given in particular if there is no substantive
review, it supported decision has been
made by a natural person.
(2) This does
not apply if
1.
the decision
in the context of entering into or performance of
a contract or other legal
relationship
has been made and the desire of the person
concerned was granted or
. 2
to protect the legitimate interests of
the person concerned is ensured through
appropriate measures, the body
responsible to the person concerned notifies the
fact
of the existence of a decision
within the meaning of paragraph 1 and at the
request
notifies the main reasons of
this decision and explained.
(3) The
right of the person concern
ed to be
informed in accordance with §§ 19 and
34 also extends to the logic involved
in any automatic processing of data concerning
him.
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§ 6b Monitoring of publicly accessible
areas with optic
-electronic devices
(1) The observation of
publicly accessible areas with optic-electronic
devices (video
surveillance) is only
permissible if they
1.
the
fulfillment of tasks of public authorities,
. 2
the perception of the
house rules or
. 3
for
safeguarding legitimate interests for specifically
defined purposes
is required and there
are no indications that the legitimate interests
of those affected
outweigh.
(2) The fact of observation and the
responsible entity are to be made recognizable
by appropriate measures.
(3)
The processing or use of information collected
under paragraph 1, data is
permissible
if it is necessary to attain the objective pursued
and there are no
indications that the
legitimate interests of those affected outweigh.
For another
purpose, they should only
be processed or used, to the extent necessary to
prevent
threats to the state and public
security and the prosecution of criminal offenses.
(4) assigned by video surveillance data
collected to a particular person, this must be
notified through a process or use
according to §§
19a and 33rd
(5) The data must be deleted
immediately when they are no longer necessary to
achieve the purpose or conflict with
the legitimate interests of the person concerned
of any further storage.
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§ 6c
Mobile personal storage and p
rocessing
media
(1) The agency
issuing a mobile person-related storage and
processing medium or a
method for the
automated processing of personal data that will
expire in whole or in
part on such a
medium, is applied to the medium, changes or this
holds, should the
person concerned
1.
about their identity and
address,
. 2
in general
terms about the functioning of the media,
including the nature of the
personal
data processed,
. 3
about
how he can exercise his rights in accordance with
§§ 19, 20, 34 and 35,
and
.
4
on the appropriate event of loss or
destruction of the medium action
inform
if the data subject has not already gained
knowledge.
(2) The person required
under paragraph 1 point has to take care that the
necessary
for the performance of the
right of access equipment or facilities are to a
reasonable
extent for gratuitous use.
(3) communications that trigger on the
media data processing must be clearly
identifiable for the person concerned.
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§ 7
Damages
Adds a
responsible entity to the person concerned by a by
this Act or other data
protection
provisions invalid or incorrect collection,
processing or use of personal
data
damage to you or your carrier is committed to the
person concerned to pay
damages. The
obligation to pay compensation does not apply if
the responsible
authority has complied
with the required by the circumstances of the case
carefully.
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§ 8 Compensation for automated data
processing by public bodies
(1) Adds a responsible public authority
to the person concerned by this law or by
other provisions on data protection
improper or incorrect automated collection,
processing or use of personal data
damage to, their support to the person concerned
committed irrespective of any fault for
damages ,
(2) In the case of a serious
violation of your right is the victim of the
damage, which
is not financial loss to
adequately replace in money.
(3) The
claims referred to in paragraphs 1 and 2 are
limited to a total amount of
130,000
euros. Decrease is due to the same event to
several people to afford
compensation,
the total exceeds the maximum amount of 130,000
euros, then the
individual compensation
payments in the proportion in which their total
amount is at
the maximum.
(4) Are entitled to store a plurality
of locations in an automated processing and is not
the victim in a position to determine
the filing system, so each body shall be liable.
(5) contributory negligence by the
person concerned at the occurrence of the
damage, apply § 254 of the Civil
Code.
(6) the provisions in
force for torts limitation rules of the Civil Code
shall apply
mutatis mutandis to the
limitation period.
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§ 9 Technical and organizational
measures
Public
and private bodies that collect personal data
itself or on behalf of, process or
use,
have to meet the technical and organizational
measures that are necessary to
the
execution of the provisions of this Act, in
particular those mentioned in the Annex
to this Act requirements to ensure.
Measures shall be required only if the effort
involved is reasonable in relation to
the desired level of protection.
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§ 9a
Data protection audit
In order to improve data protection and
data security provider of data processing
systems and programs and data
processing sites may have their data protection
concept and its technical equipment by
independent and accredited appraisers, and
evaluate and publish the results of the
audit. The detailed requirements for the
testing and evaluation, the process and
the selection and approval of the experts
shall be regulated by special law.
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§ 10
Establishment of automated retrieval
procedures
(1)
The establishment of an automated procedure that
allows the transmission of
personal
data by polling is permissible as long as this
process of agencies involved
is
reasonable taking into account the legitimate
interests of those concerned and the
responsibilities or business purposes.
The rules on the admissibility of retrieval
remain unaffected.
(2) The
parties involved have to ensure that the
admissibility of the retrieval
procedure can be monitored. For this
purpose, they shall specify in writing:
1.
Occasion and purpose of
the retrieval process,
. 2
Third, is transmitted to the,
. 3
Type of information to
be transferred,
. 4
§ 9
required technical and organizational
measures.
In the public
sector the necessary definitions can be made by
the technical
supervision authorities.
(3) concerning the establishment of
retrieval procedures in cases where the in § 12
para. 1 mentioned bodies participate to
inform the Federal Commissioner for Data
Protection and Freedom of Information
Communication under the provisions of
paragraph 2. The establishment of
retrieval procedures in which the in § 6 para. 2
and in § 19 para. 3 p
oints
referred to are involved, is only permitted if the
Board
approved for storing and
retrieving body each relevant federal or
provincial ministry.
(4) Responsibility
for the admissibility of retrieval carries the
third party, is transmitted
to the. The
storing body must examine the admissibility of
retrieval only if there is
occasion.
The filing system has to ensure that the transfer
of personal data can be
ascertained and
checked at least by means of appropriate sampling
techniques. If a
total stock of
personal data, accessed or transmitted (batch), so
refers to ensure the
identification and
verification only to the admissibility of the call
or the transmission of
the total
portfolio.
(5) Paragraphs 1 to 4 shall
not apply to the retrieval of generally accessible
data.
Generally accessible is
information that anyone, whether it can be used
with or
without prior notification,
authorization or payment of a fee.
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§ 11
collection, processing or use of personal data on
behalf
(1) If
personal data are collected on behalf of other
bodies, processed or used, the
client
is responsible for compliance with the provisions
of this Act and other
regulations
governing data protection. The rights referred to
in §§ 6, 7 and 8 are to
be made against
him asserted.
(2) The Contractor shall
be paying particular attention to adequacy of
measures it
has technical and
organizational measures to carefully select. The
order must be
issued in writing, in
particular, are laid down in detail:
1.
the subject and the duration of the
contract,
. 2
the scope,
nature and the purpose of the proposed collection,
processing or use of
data, the type of
data and the circle of victims,
. 3
in accordance with § 9 to be taken
technical and organizational measures,
. 4
the rectification,
erasure and blocking of data
. 5
existing obligations under paragraph 4
of the contractor, in particular, to be
conducted by him checks,
. 6
the possible justification for reasons
of subcontracting relationships,
. 7
the control rights of the client and
the corresponding toleration and cooperation
obligations of the contractor,
8th.
Information to be
violations of the contractor or the persons
employed by him
persons against
regulations on the protection of personal data or
against the
measures taken in order
specifications,
. 9
the
scope of the authority to issue, which reserves
the authority to the contractor,
10th
the return on authorized media and the
deletion of stored data by the contractor after
termination of the contract.
It can be granted by public authorities
and by the technical supervision authority. The
principal must regularly ensure before
commencement of data processing and then
to compliance with the measures taken
by the contractor technical and
organizational measures. The result
must be documented.
(3) The contractor
may use the data we collect, process or use only
as directed by
the client. If it
considers that a transfer of authority of this Act
or other regulations
regarding data
breach, he must inform the principal without delay
it.
(4) For the Contractor shall apply
in addition to §§ 5, 9, 43 para. 1 no. 2, 10 and
11,
para. 2 no. 1 to 3 and para. 3 and
§ 44, only the rules on the data protection
control
or the supervision, namely for
1.
a)
public
bodies,
b)
private parties,
in which the public sector includes the majority
of the shares or the
majority of votes
and where the contracting authority is a public
body,
the §§ 18, 24 to 26 or the
corresponding provisions of the privacy laws of
the
countries,
. 2
the other non-public places, provided
they collect personal data on behalf of a
service company businesslike, process
or use the §§ 4f, 4g and 38th
(5) Paragraphs 1 to 4 shall apply
mutatis mutandis, if the examination or
maintenance of automated procedures or
of data processing systems is carried out
by other bodies on behalf and it can
not be excluded, access to personal data.
Section Two
data processing
by public bodies
First
Subsection
legal bases for data
processing
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Contents
§ 12 Scope
(1) The provisions of this
section apply to public bodies of the Federation,
to the
extent they do not participate
as a public company in the competition.
(2) If the Notice is not governed by
state law, §§ 12 to 16, 19 till 20 for the public
authorities of the country, insofar as
they
1.
Execute federal law
and will not participate as a public company on
competition or
. 2
to act as
organs of justice and it does not concern
administrative matters.
(3) For country
representative for data protection applies to § 23
para. 4 accordi
ngly.
(4)
Where personal data for historical, existing or
future employment collected,
processed
or used, apply § 28 paragraph 2 point 2 and §§ 32
to 35 instead of §§ 13
to 16 and 19 to
the 20th
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§ 13 Data collection
(1) The collection of
personal data is allowed if their knowledge to
meet the tasks of
the responsible body
is required.
(1a) Where personal data
held when affected at a non-public body, the
notice is the
location on the
legislation that obliged to provide information,
otherwise draw
attention to the
voluntary nature of their information.
(2) The collection of special
categories of personal data (§ 3 para. 9) is only
permissible to the extent
1.
a legal provision prescribes or for
reasons of substantial public interest requires
mandatory
. 2
the
individual has consented pursuant to § 4a para.
3,
. 3
This to
protect the vital interests of the data subject or
a third party is required,
unless the
person concerned from physical or legal reasons is
unable to give his
consent,
. 4
this is data which has
manifestly made public by the data subject,
. 5
this is necessary to
avert a substantial threat to public safety,
. 6
this is absolutely
necessary to avert substantial detriment to the
public interest or to
protect
substantial interests of the common good,
. 7
this is necessary for
the purposes of preventive medicine, medical
diagnosis, the
care or treatment or the
management of health services and the processing
of such
data is performed by medical
staff or by another person also subject to an
equivalent
obligation of secrecy,
8th.
this is necessary for
carrying out scientific research, greatly
outweighs the scientific
interest in
performing the research project the interest of
the person concerned to the
exclusion
of the collection and the purpose of the research
can be achieved in other
ways, or only
with disproportionate effort or
. 9
This exceeded by overriding reasons of
defense or the performance or
intergovernmental obligations of any
public office of the Federal in the field of
crisis
management or conflict
prevention or for humanitarian action is required.
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§ 14
Data Storage,
-change and use
(1) The storage,
modification or use of personal data is
permissible if it is necessary
for the
performance of the areas under the responsibility
of the data controller tasks
and it is
carried out for the purposes for which the data
were collected. If no survey
preceded
the data may be modified or used only for the
purposes for which they
have been
stored.
(2) The storage, modification
or use for other purposes is permitted only if
1.
a legal provision
prescribes or peremptorily presupposes
. 2
the data subject has
consented,
. 3
it is obvious
that it is in the interests of the person
concerned, and no reason to
believe
that he would deny having regard to the other
purpose his consent,
. 4
Details of the person concerned must be
checked, because actual evidence of their
falsity exist,
. 5
the data are generally accessible or
the controller it is likely to publish it unless
the
legitimate interest of the data
subject in excluding the change of purpose
outweighs
obvious
. 6
it is necessary to avert substantial
detriment to the common good or a threat to
public safety or to protect substantial
interests of the common good,
. 7
it is necessary for the prosecution of
criminal or administrative offenses, the
enforcement or execution of penalties
or measures within the meaning of § 11 para.
1 no. 8 of the Criminal Code or of
educative or disciplinary measures within the
meaning of the Juvenile Court Act or to
enforce decisions imposing fines,
8th.
it is necessary to prevent a serious
deterioration of another person's rights or
. 9
it is necessary to
conduct scientific research, greatly outweighs the
scientific interest
in performing the
research project the interest of the person
concerned to the
exclusion of the
change of purpose and the purpose of the research
can be achieved
in other ways, or only
with disproportionate effort.
(3)
Processing or use for other purposes does not
exist if it serves the exercise of
supervisory and control powers, the
audit or performance of organizational studies
for the corresponding agency. This also
applies to the processing or use for training
and testing purposes by the responsible
body, unless overriding legitimate interests
of the person concerned preclude.
(4) Personal data are stored
exclusively for purposes of monitoring data
protection,
data security or to ensure
the proper operation of a data processing system
may be
used only for those purposes.
(5) The storage, modification or use of
special types of personal data (§ 3 para. 9) for
other purposes is permitted only if
1.
the conditions exist
which would permit a survey in accordance with §
13 para. 2 no.
1 to 6 or 9 or
. 2
this is necessary for
carrying out scientific research, substantially
outweighs the
public interest in
carrying out the research project the interest of
the person
concerned to the exclusion
of the change of purpose and the purpose of the
research can be achieved in other ways,
or only with disproportionate effort.
When weighing after sentence 1 no. 2 in
the context of the public interest, scientific
interest in the research project
requires special consideration.
(6) The
storage, modification or use of special types of
pers
onal data (§ 3 para. 9) to
in § 13 para. 2 no. 7 purposes
specified depends on the for in § 13 para. 2 no. 7
mentioned persons recognized
confidentiality obligations.
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Contents
§ 15 Disclosure of data to
public bodies
(1) The transfer of personal data to
public bodies shall be admissible if
1.
it is necessary to fulfill the
responsibility of the transferring body or the
third party to
whom the data are
disclosed, lying and tasks
. 2
the conditions exist which would permit
a use in accordance wit
h §
14th
(2) Responsibility for
the permissibility of the transmission transmits
the forwarding
authority. Failure to
submit the request of the third party to whom the
data are
disclosed, this is
responsible. In this case, the forwarding
authority checks only
whether the
transfer request within the framework of the tasks
of the third party to
whom the data are
disclosed, is unless that specific reasons exist
to consider the
admissibility of the
supply. § 10 Abs. 4 remains unaffected.
(3) The third party to whom the data
are disclosed, these may process or use for
which they are forwarded to it for the
purpose. Processing or use for other purposes
is admissible only if the requirements
of § 14 para. 2,.
(4) For
the transfer of personal data to bodies of public
religious societies,
paragraphs 1 to 3
in accordance with provided it is ensured that
these are taken
adequate data
protection measures apply.
(5) Unless
Are personal data which may be communicated in
accordance with
paragraph 1, further
personal data of the person concerned or a third
party
connected such that a separation
or only with unjustifiable effort is possible, so
the
transmission and this data is
permitted, legitimate interests of the data
subject or a
third party outweigh
obviously keeping them secret; Any use of this
data is not
permitted.
(6)
Paragraph 5 shall apply mutatis mutandis where
personal data are forwarded
within a
public authority.
Unofficial Contents
§ 16 Disclosure of data to private
parties
(1) The
transfer of personal data to non-public bodies
shall be admissible if
1.
it
is the fulfillment of the areas under the
responsibility of supplying agency tasks
required and the conditions exist which
would permit a use in accordance with § 14,
or
. 2
the third
party to whom the data are disclosed, a legitimate
interest in knowing the
information to
be transmitted data credibly proves and the person
concerned has no
legitimate interest in
excluding such transmission. The transmission of
specific types
of personal data (§ 3
para. 9) Notwi
thstanding sentence 1 no.
2 only permitted if the
conditions
exist which would permit a use in accordance with
§ 14 para. 5 and 6, or
the extent to
assert, exercise or defense of legal claims is
required.
(2) Responsibility for the
permissibility of the transmission transmits the
forwarding
authority.
(3) In
the cases referred to in paragraph 1 no
transmission. 2 the supplying body
shall inform the person of the
transmission of his data. This does not apply if
it can
be expected that he becomes
aware of it in some other way, or if the
disclosure
would jeopardize public
safety or otherwise be detrimental to the
Federation or a
Land.
(4)
The third party to whom the data are disclosed,
these may process or use for
which they
are forwarded to it for the purpose. The
transmitting body shall advise
him on
it. Processing or use for other purposes is
permissible if a submission
pursuant to
paragraph 1 would be admissible and has agreed to
the forwarding
authority.
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§ 17
(repealed)
Unofficial Contents
§ 18
Implementation of data protection in the Federal
Administration
(1) The supreme federal authorities,
the President of the Federal Railroad Fund as
well as the federal corporations,
institutions and foundations under public law, on
the
by the Federal Government or a
supreme federal authority only for the legal
supervision is carried out have, for
their business through the implementation of this
Act and other legislation ensure data
protection. The same applies to the boards of
the products resulting from such fund
German Federal Post Office by law companies,
as long as these have an exclusive
right under the Postal Act.
(2) The
public authorities shall maintain a register of
the data processing equipment
used. For
their automated processing they
define
the information according to § 4e
and
the legal basis of the processing in writing. In
general administrative purposes
were
automated processing, in which the right of the
person concerned is not in
accordance
with § 19 para. 3 or 4 is restricted,
c
an be dispensed therefrom. For
automated processing, which are
performed repeatedly in the same or similar
manner, the provisions can be
summarized.
Second subsection
rights of the person concerned
Unofficial Contents
§ 19 Provision of information to
th
ose concerned
(1) The persons concerned shall be
granted on request, information on
1.
the stored personal data, including
those relating to the origin of the data,
. 2
the recipients or
categories of recipients to whom the data are
disclosed, and
. 3
the
purpose of storage.
The request should
specify the type of personal data is to be granted
on the
information to be referred to in
more detail. Where the personal data neither
automated nor stored in non-automated
files which information will be issued only if
the person provides information that
allows identification of the data, and not made
the requisite for providing the
information effort disproportionate to the the
person
concerned claims interest in
information stands. The responsible authority
shall
determine the procedures, in
particular the form of exchange of information,
after
due consideration.
(2)
Paragraph 1 shall not apply to personal data which
are only therefore saved,
because they
are allowed by law, statutory or contractual
retention requirements not
be deleted,
or exclusively serve purposes of data security or
data protection control
and an exchange
of information would require a disproportionate
effort.
(3) Refers to the provision of
information on the transfer of personal data to
constitutional protection authorities,
the Federal Intelligence Service, the Military
Counterintelligence Service and insofar
as the security of the Federation is touched,
other authorities of the Ministry of
Defense, it is only with the consent of those
bodies
allowed.
(4) The
Access shall be refused to the extent
1.
the information would
jeopardize the proper performance of the areas
under the
responsibility of the
responsible office tasks,
. 2
the information would jeopardize public
order or security or otherwise be detrimental
to the Federation or a country or
. 3
the data or the fact of
their storage according to a legal provision or by
its very nature,
in particular because
of the overriding legitimate interests of a third
party, must be
kept secret
and therefore the interest of the
person concerned must resign at the exchange of
information.
(5) The refusal
to provide information does not require a
statement of reasons, in so
far as. By
the statement of the factual and legal grounds on
which the decision is
based, the
objective pursued by the refusal to supply
information purpose would be
jeopardized In this case, the person
concerned is to be noted that he may appeal to
the Federal Commissioner for Data
Protection and Freedom of Information.
(6) If the person concerned does not
provide information, so they must be issued at
his request the Federal Commissioner
for Data Protection and Freedom of
Information, unless noted the relevant
competent supreme federal authority in an
individual case that characterized the
security of the Federation or of a country would
be jeopardized. The statement by the
Federal Commissioner to the person
concerned must not allow any
conclusions about the state of knowledge of the
responsible entity, provided that the
latter consents to further information.
(7) The information provided is free of
charge.
Unofficial Contents
§ 19a Notification
(1) Where objections are
data without knowledge of the person concerned, it
shall be
informed of the storage, the
identity of the controller and on the purpose of
the
collection, processing or use. The
person concerned has data to inform also on the
recipients or categories of recipients
to the extent that it does not have the expected
submission of this. If a submission is
provided, the information must be made not
later than the first transmission.
(2) An obligation to notify does not
apply if
1.
the person
concerned has acquired in other ways aware of the
storage or
transmission,
. 2
informing the person concerned requires
a disproportionate effort or
. 3
the storage or transmission of personal
data is expressly provided by law.
The
controller shall stipulate in writing, is the
conditions under which, apart from a
notification in accordance with
paragraph 2 or. 3
(3) § 19 para. 2 to 4
shall appl
y mutatis mutandis.
Unofficial Contents
§ 20
rectification, erasure and blocking of data; Right
of appeal
(1)
Personal data shall be corrected if they are
inaccurate. If it is determined that
personal data which are not processed
automatically been saved in non-automated
files are incorrect, or if their
correctness is contested by the person concerned,
this
should be noted in an appropriate
manner.
(2) Personal data are processed
by automated procedures or stored in
non-
automated files should be deleted
when
1.
their storage is
inadmissible or
. 2
their
knowledge of the entity responsible for the
performance of the underlying in its
jurisdiction tasks is no longer
necessary.
(3) In place of a
cancellation a blockage, insofar
1.
a deletion conflicts with legal,
statutory or contractual retention periods,
. 2
Reason to believe that
legitimate interests of the person concerned would
be
affected by a cancellation, or
. 3
deletion due to the
specific type of storage or only with
disproportionate effort.
(4) Personal
data are processed by automated procedures or
stored in non-
automated files, also be
blocked if their accuracy is contested by the
person
concerned and can be determined
neither the accuracy nor their inaccuracy.
(5) Personal data may not be collected,
processed or used for automated processing
or processing in non-automated files,
if the data subject contradicts this in the
controller and an examination reveals
that the legitimate interests of the person
concerned that because of its special
personal situation interest of the data controller
to the collection, processing or use
predominates. Sentence 1 shall not apply if a
legal provision for the collection,
processing or use of obligation.
(6)
Personal data which are not processed
automatically been saved in a
non-
automated file are to terminate if
the authority establishes in an individual case
that
without blocking legitimate
interests of the person concerned would be
compromised
and the data for the
completion of the authority no longer required
are.
(7) Blocked data shall only be
transmitted or used without the consent of the
person
concerned, if
1.
it is for scientific purposes, for use
as evidence or for other reasons in the overriding
interest of the data controller or a
third party underlying reasons essential and
. 2
likely to be transmitted
or used the data for this purpose if it were not
blocked.
(8) The correction of
incorrect data, the blocking of disputed data and
the erasure or
blocking on grounds of
inadmissibility of storage are the places to
communicate,
which the information was
passed on for storage in the context of a data
transfer, if
this does not require a
disproportionate effort and legitimate interests
of do not
preclude the person
concerned.
(9) § 2 para. 1 to 6, 8 and
9 of the
Federal Archives Act shall
apply.
Unofficial Contents
§
21 invocation of the federal Commissioner for
Data Protection and Freedom of
Information
Anyone may appeal to the Federal
Commissioner for Data Protection and Freedom
of Information if he believes to have
been injured in the collection, processing or use
of personal data by public authorities
of the Federation's rights. This is only valid for
the collection, processing or use of
personal data by the federal courts, where they
are acting in administrative matters.
Third subsection
Federal
Commissioner for Data Protection and Freedom of
Information
Unofficial
Contents
§ 22 Election of the Federal
Commissioner for Data Protection and Freedom of
Information
(1)
The German Bundestag shall elect the proposal from
the Federal Government
the Federal
Commissioner for Data Protection and Freedom of
Information, with
more than half of the
statutory number of its members. The Federal
Commissioner
must be at least 35 years
old at his discretion. The person elected shall be
appointed
by the Federal President.
(2) The Federal Commissioner makes to
the Federal Minister of the Interior following
oath:
their
welfare, protect them from harm, uphold the Basic
Law and the laws of the
Federation and
defend, fulfill my duties conscientiously, and do
justice to all. To me
God help.
The oath may be made even without
religious affirmation.
(3) The term of
office of the Federal Commissioner shall be five
years. One re-
election is permitted.
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