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.
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Section 80 Data transfers without appropriate safeguards. Section 23 Processing for other purposes by public bodies. Chapter 4 Obligations of controllers and processors. The revisions to the BDSG include regulations on personal data transfers abroad, video surveillance, anonymization and pseudonymization, smart cards, and sensitive data collection relating to race or ethnic origin, political opinions, religious or philosophical convictions, union membership, health, and sexual orientation.
The Act covers collection, processing and use of personal data by public federal authorities and state administrations as long as there is no state regulation and insofar as they apply federal lawsand by private bodies, if they rely on data-processing systems or non-automated filing systems for commercial or professional use. Section 24 Processing for other purposes by private bodies. Chapter 6 Legal remedies. Section 44 Proceedings against a controller or processor.
The so-called ” Grosser Lauschangriff ” “Big Eavesdropping Attack” formed part of 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 33 Information to be provided where personal data have not been obtained from the data subject.
Section 72 Distinction between different categories of data subjects. 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. Strong concerns on the compliance with constitutional provisions have been raised even by the scientific service of the parliament. Section 77 Confidential reporting of violations.
Kuris 78 General requirements. In Marchthe German Federal Constitutional Court ruled  that significant portions of the eavesdropping Law ndsg the Constitution, or Basic Law, especially Article 1 on human dignity and Article 13 on the inviolability of private homes. Apart from the short-term processing of the data in specific control situations, the fingerprints are thus only to be stored in the German passport itself and not in any databases of public authorities. This reputable report recommends reducing the number of laws governing specific details of privacy protections and creating one general statute, which would only refer to more detailed regulations where necessary.
However the list also covers offences not covered by the directive, such as those committed via telecommunication. Section 74 Procedures for jurus transfers. In AprilArticle 13 of the Constitution Grundgesetz that provides for the inviolability of private homes was amended in order to allow police authorities to place bugging devices in private homes provided there is a court order.
Section 79 Data transfers with appropriate safeguards. Section 61 Legal remedies against decisions of the Federal Commissioner or if he or she fails to take action. Chapter 3 Obligations of controllers and processors. The collection and use of traffic data is strictly limited to: Chapter 5 Transfers of data to third countries and to international organizations. In Aprila law was passed that allows the Bundeskriminalamt Federal Police to run a nationwide database of genetic profiles related to criminal investigations and convicted offenders.
This was subsequently upheld by the courts. Without this responsible person, each introduction of automated data processing must be registered with the Federal Commissioner for Data Protection and Freedom of Information BfDI. RFID-chipped tickets for the Football World Cup in Germany enabled authorities to track the movements of the individualized spectator during the event.
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. According to its general clause, it is unfair to annoy market players, e. Section 81 Other data transfers to recipients in third countries.
Cold calling of consumers is a violation of Unfair Competition Law. A general revision of the BDSG has been considered forbut the Legislative process is still ongoing. Ina new system to electronically collect tolls for trucks using the national highways was launched.
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 36 Right to object. For conditions governing use of this translation, please see the information provided under “Translations”.
Upon discovery, the mechanism of the camera was changed to reduce the angle of observation. At the same time a direct access of the data by the copyright holders is discussed under the implementation of the EC law enforcement dbsg. Section 58 Right to rectification and erasure and to restriction of processing.
Section 64 Requirements for the security of data processing. 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.
Section 37 Automated individual decision-making, including profiling.