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 21 Application of the supervisory authority for a court decision if it believes that an adequacy decision by the European Commission violates the law. Section 29 Rights of the data subject and powers of the supervisory authorities in the case of secrecy obligations. However, to justify surveillance between the target and such persons of trust, the government must show that “there is strong reason to believe that the content of conversation does not fall in the area of intimacy,” [] and that the crime is “particularly serious.

EPIC — Privacy and Human Rights Report

Section 1 Scope of the Act. Chapter 4 Supervisory authorities for data processing by private bodies. 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.

Furthermore, publishing and distribution of such photographs on the Internet is punishable as a criminal offense.

BDSG: Bundesdatenschutzgesetz (Juris) | BibSonomy

The Federal Constitutional Court Bundesverfassungsgericht has ruled that the police may use GPS technology to track suspects driving motor vehicles in cases of serious crimes even without a judicial warrant.

Further, user data may be demanded if necessary for the enforcement of intellectual property rights. Section 66 Notifying data jyris affected by a personal data breach. A few proposals for this law have already been circulated.


Vergleichen Sie dazu bitte http: Section 81 Other data transfers to recipients in third countries. FOI legislation had been proposed for five years but the administration had been reluctant to jruis on a draft statute. The right of informational self-determination stands against a societal order and its underlying legal order jruis which citizens could not know any longer who what and when in what situations knows about them.

Section 37 Automated individual decision-making, including profiling. Chapter 3 Obligations of controllers and processors. 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. Section 3 Processing of personal data by public bodies.

Section 69 Prior consultation of the Federal Commissioner. 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.

Section 56 Notification of data subjects. The draft also aims at complying with the Cybercrime Convention. Section 33 Information to be provided where personal bsg have not been obtained from the data subject. For years, the commissioners have appealed to prosecution authorities to use this means sparingly. Section 65 Notifying the Federal Commissioner of a personal data breach.

Personal data will only be disclosed if the information interest outweighs the interest of the data subject. Chapter 1 Scope and definitions. 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 law took effect in January and requires telecommunications service providers to disclose data, such as time and duration of use, place of use and identifying numbers. 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. Section 61 Legal remedies against decisions of the Federal Commissioner or if he or she fails to take action.


Germany also implemented in the StPO the possibility of using a so-called IMSI-Catcher system to track individuals trough the location of their cell phones.

Inthe Bundestag the German Parliament passed a law that added to the Criminal Procedural Code StPO further means of investigation jruis electronic communications. Section 49 Processing for other purposes. Section 34 Right of access by the data subject. The Act covers collection, processing and use of personal data by public federal authorities and state administrations as jurjs 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 6 Legal remedies. There are several other video surveillance projects in Germany that have generated a response from privacy and data protection advocacy groups.

Section 68 Cooperation with the Federal Commissioner. The BDSG also provides that consent from the individual whose data is collected is required after full disclosure of data collection and its consequences. Section 73 Distinction between facts and personal assessments.

Section 12 Official relationship. Chapter 3 Rights of the data subject. Section 74 Procedures for data transfers. The Telecommunications Interception Ordinance of January 22,which lays out specific technical requirements, remains in force until its successor will be issued under the Telecommunications Act of TKG by the German government.