《德國聯(lián)邦數(shù)據(jù)保護法》

1、.Federal Data Protection Act (Act)Unofficial ContentsBDSGDate of issue: 20.12.1990Full Quote:Federal Data Protection Act in the version published on 14 January 2003 (Federal Law Gazette I, p. 66), last amended by Article 1 of the Law of 25 February 2015 (Federal Law Gazette I, p. 162) has been chang

2、edWas standing:Revised by Bek v 14.1.2003 I. 66th.Last amended by Art. 1 G v. 02.25.2015 I 162For details on the status information you can find in the menu under Notices footnote(+ Text detection from: 1.6.1991 +)The G was 20.12.1990 I decided in 2954 as Article 1 of G v by the Bundestag with theco

3、nsent of the Bundesrat.; 10 para. 4 sentence 3 and 4, according to the first day of the twenty-fourth calendar month following promulgation in the rest of the first day ofthe sixth calendar month following promulgation. Art. 6 para. 2 sentence 1 u. 2 G v.20.12.1990 I 2954 came into force. The G was

4、announced on 29.12.1990.Unofficial ContentsSitefirst sectionGeneral and common provisions1 Purpose and Scope of the Law2 Public and non-public bodies3 Other definitions3a Data reduction and data economy4 Admissibility of data collection, processing and use4a consent4b Transfer of personal data abroa

5、d and to supranational and intergovernmental bodies4c Exceptions4d Reporting obligation;.4e Content of the reporting obligation4f Commissioner for Data Protection4g Tasks of the Commissioner for Data Protection5 Data secrecy6 Rights of the person concerned6a Automated individual decisions6b Observat

6、ion of publicly accessible areas with optic-electronic devices6c Mobile personal storage and processing media7 Damages8th Compensation in the case of automated data processing by public bodies 9 Technical and organizational measures9a Privacy Audit10 Establishment of automated retrieval procedures11

7、 Collection, processing or use of personal data on behalfSecond SectionData processing by public bodiesFirst subsectionLegal basis of the data processing12 scope of application13 Data collection14 Data storage, and use -change15 Transfer of data to public bodies16 Transmission of data to private par

8、ties17 (repealed)18 Implementation of data protection in the Federal Administration Second subsectionRights of the person concerned19 Information to the person concerned19a Notification20 Rectification, erasure and blocking of data; Right of appeal21 Appeal to the Federal Commissioner for Data Prote

9、ction and Freedom of InformationThird subsectionFederal Commissioner for Data Protection and Freedom ofInformation22 Election of the Federal Commissioner for Data Protection and Freedom of Information23 Legal status of the Federal Commissioner for Data Protection and Freedom of Information24 Monitor

10、ing by the Federal Commissioner for Data Protection and Freedom of Information;.25 Complaints by the Federal Commissioner for Data Protection and Freedom of Information26 Further duties of the Federal Commissioner for Data Protection and Freedom of InformationThird SectionData processing non-public

11、bodies and public service competitive companies First subsectionLegal basis of the data processing27 scope of application28 Data collection and storage for its own business purposes28a Transfer of data to credit bureaus28b Scoring29 Commercial data collection and storage for the sending30 Commercial

12、 data collection and storage for the sending anonymous30a Commercial data collection and storage for the purpose of market or opinion research31 Special earmarking32 Data collection, processing and use for purposes of employment Second subsectionRights of the person concerned33 Notification of the p

13、erson concerned34 Information to the person concerned35 Rectification, erasure and blocking of dataThird subsectionAuthority36 and 37(repealed)38 Authority38a Code of conduct to promote the implementation of data protection provisions Section FourSpecial provisions39 Limited use of personal data sub

14、ject to professional or special official secrecy40 Processing and use of personal data by research institutes41 Collection, processing and use of personal data by the media42 Data Protection Officer of Deutsche Welle42a Disclosure in case of unlawful obtaining knowledge of dataSection FiveFinal Prov

15、isions43 Fines44 Criminal provisions Section SixTransitional provisions45 Current uses;.46 Continued validity of definitions47 Transitional arrangements48 Federal Government ReportConditioning ( 9 sentence 1)Section OneGeneral and common provisionsUnofficial Contents1 Purpose and Scope of the LawThe

16、 purpose of this Act is to protect individuals from that he is affected by the handling of their personal data in his personal rights.This Act applies to the collection, processing and use of personal data by1.public bodies of the Federation,. 2public authorities of the countries to the extent the N

17、otice is not governed by state law and provided that theya)Execute federal law orb)as organs of justice act and it does not concern administrative matters, . 3private parties, so far as they process the data using data processing systems, use or collect it or process, use or collect it, unless the c

18、ollection, processing or use of the data are only for the data to or from non-automated files personal or family activities.As far as other legislation of the Federal apply to personal data including their publication, they take precedence over the provisions of this Act. The obligation to respect t

19、he legal confidentiality obligations or of professional or special official confidentiality not based on legal regulations remains unaffected.The provisions of this Act take precedence over those of the Administrative Procedure Act, in so far as in determining the facts personal data are processed.T

20、his Act shall not apply unless a charge in another Member State of the European Union or in another signatory to the Agreement on the European Economic Area establishment situated site collects personal data in Germany, processes or uses, unlessthis is done by a establishment domestically. This Act

21、shall apply unless a responsible entity that is not situated in a Member State of the European Union or in another signatory to the Agreement on the European Economic Area, collects personal data in Germany, processes or uses. Insofar as the responsible entity under this Act is to be mentioned, also

22、 provide information on domestic-based representatives are to make. Sentences 2 and 3 do not apply if disks are used only for the purpose of transit through the country. 38 para. 1 sentence 1 remains unaffected.;.Unofficial Contents2 Publicand private parties(1) Public bodies of the Federation are t

23、he authorities, the administration of justice and other public-law institutions of the Federation, the federal corporations, institutions and foundations under public law as well as their associations irrespective of their legal form. As public bodies that emerged from the special fund German Federa

24、l Post Office by law companies apply as long as they have an exclusive right under the Postal Act.(2) Public authorities of the country, the authorities, the administration of justice and other public law institutions of a Land, a municipality, an association of municipalities and other supervision

25、of the country under standing of legal entities of public law as well as their associations irrespective of their legal form.private-law associations of public authorities of the federal and state governments, carry out the tasks of public administration, apply notwithstanding the participation of n

26、on-public entities as public bodies of the Federation, if1.they operate over the range of a country or addition. 2the federal government is one of the absolute majority of the shares or the absolute majority of the votes entitled to.Otherwise, they are considered public bodies of the countries.(4) N

27、on-public bodies, natural and legal persons, companies and other associations of persons of private law as they do not fall under paragraphs 1 to. 3 Takes a private body performs sovereign public administration duties, it is the extent of public authority within the meaning of this Act.Unofficial Co

28、ntents3 Other definitionsPersonal data is specific information about personal or factual circumstances of an identified or identifiable natural person (data subject).Automated processing is the collection, processing or use of personal data using data processing equipment. A non-automated file is no

29、t any automated collection of personal data which is similarly structured and which by its characteristics is available and can be evaluated.data collection is the acquisition of data on the person cessing, the storage, modification, transfer, blocking and deletion of personal data. Spe

30、cifically, regardless of the procedures applied:1.Save capturing, recording or preservation of personal data on a disk for the purpose of their further processing or use,. 2Changing the content Remodel stored personal data,;. 3Submitting the announce stored or obtained by data processing of personal

31、 data to athird party in such a way thata)the data is passed to the third party orb)the third parties for inspection or held ready for retrieval data, or retrieves,. 4Lock to restrict the marking of stored personal data of their further processing or use,. 5Delete the deletion of stored personal dat

32、a.Make each use of personal data to the extent it does not concern processing.make anonymous the change of personal data is such that the details of personal or material circumstances can no longer or only be associated with a disproportionate investment of time, cost and labor of an identified or i

33、dentifiable natural person.(6a) Pseudonymisation is to replace the name and other identification features of an indicator for the purpose preclude the determination of the person concerned orsubstantially more difficult.Responsible party is any person or body, collects personally identifiable inform

34、ation for yourself, processes or uses or this can make other commissioned.receiver is a person or body to whom data. Third is any person or body other than the controller. Third parties are not the person or persons or bodies that collect,process or use within the country, in another Member State of

35、 the European Union or in another signatory to the Agreement on the European Economic Area personal data on behalf.Special types of personal data are data concerning racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health or sex life.Mobile per

36、sonal storage and processing media are media,1.which are issued to the person concerned,. 2on which personal data about the storage addition can be processed automatically by the issuing body or another body,. 3where the person concerned, this processing can influence only through the use of the med

37、ium.employees are:1.Workers,. 2to their VET employees,. 3;.Participants at services for participation in working life as well as clarifications of professional qualification or testing work (in need of rehabilitation and rehabilitation) . 4in recognized workshops for the disabled employees,. 5after

38、the Youth Volunteer Service Act employees,. 6Persons who are to be regarded as workers like people because of their economic dependence; These include the cottage industry workers and assimilated,. 7Applicants for an employment relationship and persons whose employment relationship has ended,8th.Off

39、icials, civil servants, judges of the Federal, soldiers and civilian service.Unofficial Contents3a Data reduction and data economyThe collection, processing and use of personal data and the selection and design of data processing systems shall be benchmarked against the goal, so to raise little pers

40、onal data as possible to process or use. In particular, personal data must be anonymized or pseudonymized, to the extent possible on the intended use and does not require disproportionate in relation to the desired level of protection effort. Unofficial Contents4 Admissibility of data collection, pr

41、ocessing and useThe collection, processing and use of personal data is permitted only if this law or another law permits or orders or the individual has consented.Personal data shall be collected from the person concerned. Without his involvement, they may only be collected when1.a legal provision p

42、rescribes or peremptorily presupposes or. 2 a)the administrative task to be fulfilled by their nature or the business purpose requires a survey of other persons or entities, orb)bringing the person concerned would involve a disproportionate effortand there are no indications that overriding legitima

43、te interests of the person concerned will be affected.(3) If personal data are collected from the data subject, so he is, unless he has already attained otherwise learned, over by the party responsible1.;.the identity of the responsible body,. 2the purpose of the collection, processing or use, and.

44、3the categories of beneficiaries only if the data subject does not have the expected submission of these to the circumstances of the individual case,to teach. If personal data are collected from the party concerned, whether by law, the obligation to provide information, or is providing the informati

45、on requirements for the granting of legal benefits, then it is the person, otherwise draw attention to the voluntary nature of his allegations. Unless the circumstances of the case required or upon request, he must be informed of the law and the consequences of denial of information.Unofficial Conte

46、nts4a consentThe consent is effective only if it is based on the free decision of the person concerned. He is, so far as to indicate the intended purpose of the collection,processing or use, as well as to the circumstances of the case required or upon request, to the consequences of withholding cons

47、ent. The consent must be in writing, unless a different form is appropriate due to special circumstances. If consent is in writing, together with other statements, it is particularly noteworthy.(2) In the area of scientific research, a special circumstance within the meaning of paragraph 1, sentence

48、 3 is present even if the specific research purpose would be significantly affected by the writing. In this case the information pursuant to paragraph 1 sentence 2 and the reasons giving rise to substantial impairment of the defined purpose of research should be documented.(3) As far as special cate

49、gories of personal data ( 3 para. 9) is collected, processed or used, the consent must also explicitly refer to this data. Unofficial Contents4b Transfer of personal data abroad and to supranational or intergovernmental bodiesFor the transfer of personal data to bodies1.in other Member States of the

50、 European Union,. 2other parties to the Agreement on the European Economic Area or. 3the institutions and bodies of the European Communitiesapply 15 para. 1, 16 para. 1 and 28 to 30a in accordance with the rules applicable to such transmission laws and agreements, as far as the transmission in the c

51、ontext of;.activities carried out, in whole or in part within the scope of the law of the European Communities fall.Paragraph 1 in accordance with (2) applies to the transfer of personal data to bodies referred to in paragraph 1 that are not made in the context of activities which fall wholly or par

52、tly within the scope of the law of the European Communities, as well as to other foreign or supranational or government entities , The transmission shall, if the data subject has a legitimate interest in excluding such transmission, particularly when the assessments mentioned in sentence 1 Set an ad

53、equate level of data protection is not guaranteed. Sentence 2 shall not apply if the transmission for its own account by a public authority of the federal exceeded for compelling reasons of defense or the performance or intergovernmental commitments in the field of crisis management or conflict prev

54、ention or for humanitarian action is required.The adequacy is assessed taking into account all the circumstances that are at a data transfer operation or set of data transfer is important; in particular, the nature of the data, the purpose, the duration of the intended processing, the country of ori

55、gin and country of final destination, the rules applicable to the beneficiary in question as well as the legal standards applicable to him professional rules and security measuresare used.In the cases of 16 para. 1 no. 2 the supplying body shall inform the person of the transmission of his data. Thi

56、s does not apply if it can be expected that he becomesaware of it in some other way, or if the disclosure would jeopardize public safety or otherwise be detrimental to the Federation or a Land.Responsibility for the permissibility of the transmission transmits the forwarding authority.The body to wh

57、ich the data is transmitted is to draw attention to the purpose of the fulfillment of the data are disclosed.Unofficial Contents4c ExceptionsWithin the scope of activities which fall wholly or partly within the scope of the law of the European Communities, is a transfer of personal data to authoriti

58、es other than in4b, para. 1 points referred to, even if you have an adequate level of data protection is not ensured allowed provided1.the data subject has given his consent,. 2the transfer is necessary for the performance of a contract between the data subject and the data controller or the impleme

59、ntation of pre-contractual measures which have been taken at the instigation of the person concerned, is necessary, . 3;.the transmission for the conclusion or performance of a contract is needed, which wasin the interests of the person concerned entered into by the responsible entity with athird pa

60、rty or is to be closed,. 4the transfer is necessary for the protection of an important public interest or for the establishment, exercise or defense of legal claims in court is required,. 5the transmission for safeguarding the vital interests of the person concerned is required or. 6the transmission