《德国联邦数据保护法》.docx

1、德国联邦数据保护法.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 b

2、een changedWas 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

3、with theconsent 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.

4、The G was 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

5、data abroad 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 decisions6

6、b Observation 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 pr

7、ocedures11 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 p

8、rivate parties17 (repealed)18 Implementation of data protection in the Federal Administration Second subsectionRights of the person concerned19 Information to the person concerned19a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

9、Data Protection 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 Information

10、24 Monitoring 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 n

11、on-public 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

12、Commercial 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 Notificatio

13、n of the person 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 persona

14、l data subject 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 Five

15、Final Provisions43 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

16、the Law(1)The purpose of this Act is to protect individuals from that he is affected by the handling of their personal data in his personal rights.(2)This Act applies to the collection, processing and use of personal data by1.public bodies of the Federation,. 2public authorities of the countries to

17、the extent the Notice 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

18、it, unless the collection, processing or use of the data are only for the data to or from non-automated files personal or family activities.(3)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 obli

19、gation to respect the legal confidentiality obligations or of professional or special official confidentiality not based on legal regulations remains unaffected.(4)The provisions of this Act take precedence over those of the Administrative Procedure Act, in so far as in determining the facts persona

20、l data are processed.(5)This 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 establishmen

21、t domestically. This Act 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

22、 is to be mentioned, also 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 bodie

23、s of the Federation are the 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 s

24、pecial fund German Federal 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 municipaliti

25、es and other supervision of the country under standing of legal entities of public law as well as their associations irrespective of their legal form.(3)private-law associations of public authorities of the federal and state governments, carry out the tasks of public administration, apply notwithsta

26、nding the participation of non-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 b

27、odies of the countries.(4) Non-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 meani

28、ng of this Act.Unofficial Contents3 Other definitions(1)Personal data is specific information about personal or factual circumstances of an identified or identifiable natural person (data subject).(2)Automated processing is the collection, processing or use of personal data using data processing equ

29、ipment. A non-automated file is not any automated collection of personal data which is similarly structured and which by its characteristics is available and can be evaluated.(3)data collection is the acquisition of data on the person concerned.(4)processing, the storage, modification, transfer, blo

30、cking and deletion of personal data. Specifically, 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

31、 obtained by data processing of personal 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 data.(5)Make each use of personal data to the extent it does not concern processing.(6)make anonymous the change of personal data is such that the details of pers