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 33 Information to be provided where personal jurix have not been obtained from the data subject. Section 55 General information on data processing. Chapter 4 Supervisory authorities for data processing by private bodies.

Bsdg 32 Information to be provided where personal data are juria from the data juriss. A general revision of the BDSG has been considered forbut the Legislative process is still ongoing.

According to its general clause, it is unfair to annoy market players, e. Section 26 Data processing for employment-related purposes. Section 84 Penal provisions. 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.

Chapter 3 Obligations of controllers and processors. Jris to a common standpoint of the DPAs inthe Federal government implemented special data protection measures in the laws governing toll systems: Another important federal law in Germany is the G Law, which imposes limitations on the secrecy of certain communications as provided in Article 10 of the Basic Law Grundgesetz.

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. In Marchthe German Federal Constitutional Court ruled [] that significant portions of the eavesdropping Law infringed the Constitution, or Basic Law, especially Article 1 on human dignity and Article 13 on jugis inviolability of private homes.


Jursi 73 Distinction between facts and personal assessments. Section 15 Activity reports. Attempts to amend the Basic Law to include a right to data protection were discussed after reunification, when the Constitution was revised, and were successfully opposed by the then-conservative political majority.

The draft legislation would require data retention for 6 months. Chapter 4 Obligations of controllers and processors.

Strong concerns on the compliance with constitutional provisions have been raised even by the scientific service of the parliament.

Also, telephone monitoring has been on the increase sincewhen there were 4, instances of monitoring, up to 35, in Section 75 Rectification and erasure of personal data and restriction of processing.

The right of informational self-determination stands against a societal order and its underlying legal order in which citizens could not know any longer who what and when in what situations knows about them. 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.

It grants data subjects greater rights of objection. However, the Court stressed that Parliament had to monitor the fast technological developments in this field and may have to correct laws if the risks for fundamental rights caused by technical surveillance increase. Section 47 General principles for processing personal data. The BDSG also provides that consent from the individual whose data is collected is required after full disclosure of data collection and its consequences.

For example, a private group called Der Grosse Bruder Big Brother [] has created a map of Munich, highlighting all the video surveillance cameras installed there. Section 29 Rights of the data subject and powers of the supervisory authorities in the case of secrecy obligations. The law, which entered into force on August 14,provides law enforcement with the ability to obtain, upon court request and from the time it is granted, the data of individuals’ movements and their cell phone device number IMEI number – International Mobile Equipment Identity for a period of up to six months.

Section 13 Rights and obligations.

EPIC Privacy and Human Rights Report – Federal Republic of Germany

Section 68 Cooperation with the Federal Commissioner. Vergleichen Sie dazu bitte http: Sub-chapter 2 Special processing situations. Section 48 Processing of special categories of personal data.


However the list also covers offences not covered by the directive, such as those committed via telecommunication. Subsequent to the production of the passport, the manufacturer and local authorities are obliged to delete the data. Section 23 Processing for other purposes by public bodies. Chapter 3 Rights of the data subject. Combined with an automatically readable customer client card, the system would allow the tracking of all purchases and the linking to the customer’s identity.

Chapter 1 Scope, definitions and general principles for processing personal data. 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 direct marketing via e-mail.

EPIC — Privacy and Human Rights Report

Section 57 Right of access. It serves as the legal basis for police and law enforcement to access “telecommunications connection data” for the investigation of serious crimes. At the same time a direct access of the data by the copyright holders is discussed under the implementation juriw the EC law enforcement directive.

Chapter 1 Legal basis for processing personal data.

One month later, the Bundespolizei Border Protection Forcesoriginally a paramilitary border police force but now responsible for securing and controlling borders, as well as working in foreign embassies, received permission to check persons’ identities and baggage without any concrete suspicion.