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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 68 Cooperation with the Federal Bcsg. The collection and use of traffic data is strictly limited to: The “additive effect” on fundamental rights has to be kept in mind. Section 42 Penal provisions.

Upon discovery, the mechanism of the camera was changed to reduce the angle of observation. Section 38 Data protection officers of private bodies.

EPIC — Privacy and Human Rights Report

Section 20 Judicial remedy. 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.

Chapter 2 Rights of the data subject. Section 75 Rectification and erasure of personal data and restriction of processing.

Section 84 Penal provisions. Section 27 Data processing for purposes of scientific or historical research and for statistical purposes.

Section 1 Scope of the Act. Sub-chapter 1 Processing of special categories of personal data and processing for other purposes. Section 37 Automated individual decision-making, including profiling. 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. 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 81 Other data transfers to recipients in third countries. Telecommunications operators providing publicly available bdsb are also mandated to provide — at their own expense — the technical facilities required to implement telecommunications interception for law enforcement purposes.

EPIC Privacy and Human Rights Report – Federal Republic of Germany

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. 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.

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. Chapter 3 Obligations of controllers and processors.

According to a common standpoint of the DPAs inthe Federal government implemented special data protection measures in the laws governing toll systems: Section 82 Mutual assistance. Ina new system to electronically collect tolls for trucks using the national highways was launched. 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 3 Processing of personal data by public bodies. Section 44 Proceedings against a controller or processor. It grants data subjects greater rights of objection.

This regulation protects jurie life against the invasion of privacy by the taking of pictures of persons in their apartments or other protected areas, e. Section 23 Processing for other purposes by public bodies. Chapter 6 Cooperation among supervisory authorities. The Arbeitskreis is coordinating the campaign against the introduction of data retention in Germany.

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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. Section 49 Processing for other purposes. juriz

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.

Germany has one of the strictest data protection laws in the European Union. The world’s first data protection law was passed in the German Land of Hessen in The chips will be attached to all products. Section 13 Rights and obligations.

Federal Data Protection Act (BDSG)

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 73 Distinction between facts and personal assessments. Privacy and data security groups have protested this proposal, citing the bdsv for using the data for purposes other than toll-collection.

Section 72 Distinction between different categories of data subjects. The TKG was last amended on February 18, Chapter 1 Scope and definitions. Much criticism focused on the fact that information can be rather easily excluded from disclosure on grounds of public security and fiscal interests of the government. Section 58 Right to rectification and erasure and to restriction of processing.

Sub-chapter 2 Special processing situations.