Federal Data Protection Act (BDSG), in the version promulgated on 14 January 1 BDSG in der Praxis: wirksames Instrument oder zahnloser Tiger”, Juris, RDV. Local Court Rockenhausen, judg. of –2 C /16, juris = ZD § § 32, 33 BDSG-new, BT-prints 18/ of , in the version of the. BDSG: Bundesdatenschutzgesetz: Kommentar by Peter Gola et al. Call Number: KKA B37 Commentary on Germany’s.

Author: Kilrajas Dait
Country: Great Britain
Language: English (Spanish)
Genre: Health and Food
Published (Last): 3 March 2018
Pages: 414
PDF File Size: 16.94 Mb
ePub File Size: 18.26 Mb
ISBN: 467-1-11615-765-5
Downloads: 50288
Price: Free* [*Free Regsitration Required]
Uploader: Gatilar

Section 26 Data processing for employment-related purposes.

Chapter 1 Scope, definitions and general principles for processing personal data. Section 84 Penal provisions.

Section 33 Information to be provided where personal data have not been obtained from the data subject. Section 74 Procedures for data transfers. It therefore allows customers to pay jurus checkout automatically by pushing a loaded trolley past a sensor. After much debate between the ruling coalition parties Social Democrats and Christian Democratsit was decided to store the fingerprint data neither in a central nor in local databases.

Indeed, although this surveillance data is only supposed to be used for toll-collection and enforcement purposes, the German police recently gained access to the data when trying to locate a stolen garbage truck.

The so-called ” Grosser Lauschangriff ” “Big Ndsg Attack” formed part bdag the Law for the Enhancement of the Fight against Organized Crime, which became effective inand was intended to provide the legal basis for police to survey potential criminals.

Section 75 Rectification and erasure of personal data and restriction of processing. It serves as the legal basis for police and law enforcement to access “telecommunications connection data” for the investigation of serious crimes.

Upon discovery, the mechanism of the camera was changed to reduce the angle of observation. The BDSG also provides that consent from the individual whose data is juria is required after full disclosure of data collection and its consequences. Section 47 General principles for processing personal data.


Section 71 Data protection by design and by default. It grants data subjects greater jurris of objection. Service providers are required to protect their users’ personal data and telecommunications privacy.

Chapter 3 Obligations of controllers and processors. Chapter 7 Liability and penalties. Germany has one of the strictest data protection laws in the European Union. Much criticism focused on the fact that information can be rather easily excluded from disclosure on grounds of public security and fiscal interests muris the government.

EPIC — Privacy and Human Rights Report

The law took effect in January and requires telecommunications service providers to disclose data, such as time and duration of use, place of use and bfsg numbers. Section 82 Mutual assistance. This regulation protects private life against the invasion of privacy by the taking of pictures of persons in their apartments or other protected areas, e.

Service providers are legally compelled to request the name and address of new customers to which they allocate a telephone number, even though they only use prepaid services. This renewed rise of interventions in secret communications gives the federal commissioners great concern for data security. Section 58 Right to rectification and erasure and to restriction of processing. Section 64 Requirements for the security of data processing. Chapter 3 Rights of the data subject. Strong concerns on juriss compliance with constitutional provisions have been raised even by the ndsg service of the parliament.

Telecommunications operators providing publicly available services are also mandated to provide — at their own expense — the technical facilities required to implement telecommunications interception for law enforcement purposes.

As prescribed by EC Directive on Privacy and Electronic Communications, the TKG sets out the requirements of the processing of location data, either anonymously or with the subscriber’s consent, for the provision of location based services.

Section 38 Data protection officers of private bodies. The draft also aims at complying with the Cybercrime Convention. Sub-chapter 2 Special processing situations. Section 68 Cooperation with the Federal Commissioner.


Chapter 2 Legal basis for processing personal data.

Federal Data Protection Act (BDSG)

German authorities have also recently proposed implementation of a video surveillance system at toll collection points, to ensure that trucks from other countries are paying the proper tolls on the autobahn. Direct marketing via e-mail is not prohibited as spam under the conditions that 1 an organization has received the e-mail address in the context of selling goods or services to the customer; 2 the organization uses the e-mail contact for marketing of very similar products and services; 3 the customer has not opposed the use of his e-mail for further direct marketing; and 4 at the time of the collection and each usage of the e-mail address clearly sets out the right to opt-out from kuris marketing via e-mail.

In Marchthe EU adopted the Data Retention Directive that mandates the retention of telecommunications data for a period of 6 months to 24 months.

Section 63 Joint controllers. Section 79 Data transfers with appropriate safeguards. In Marchthe German Federal Constitutional Court juriz [] that significant portions of the eavesdropping Law infringed the Constitution, or Basic Law, especially Article 1 on human dignity and Article 13 on the inviolability of private homes. In a case against a government census law, the Federal Constitutional Court formally acknowledged an juria “right of informational self-determination,” which is only limited by the “predominant public interest.

Section 57 Right of access. Section 25 Transfer of data by public bodies.

Section 70 Records bdsy processing activities. This change has significant impact, because many small companies who were previously obligated to have a privacy officer are no longer required by statute to have one. Chapter 4 Supervisory authorities for data processing by private bodies. Section 24 Processing for other purposes by private bodies.