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.

Author: Kazilkree Mazunos
Country: Guatemala
Language: English (Spanish)
Genre: Automotive
Published (Last): 9 April 2011
Pages: 70
PDF File Size: 3.49 Mb
ePub File Size: 15.1 Mb
ISBN: 544-6-58110-405-3
Downloads: 79402
Price: Free* [*Free Regsitration Required]
Uploader: Zulkibar

In a case against a government census law, the Federal Constitutional Court formally acknowledged an individual’s “right of informational self-determination,” which is only limited by the “predominant public interest. This renewed rise of interventions in secret communications gives the federal commissioners great concern for data security. However, there is still much discussion about how to include Voice over IP.

In Marchthe EU adopted the Data Retention Directive that mandates the retention of telecommunications data for a period of 6 months to 24 months. Section 31 Protection of commercial transactions in the case of scoring and credit reports.

Chapter 7 Liability and penalties. Chapter 3 Data protection officers of public bodies.

Section 11 Appointment and term of office. Section 63 Joint controllers. Section 13 Rights and obligations. The law, jurls 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 74 Procedures for data transfers. According to a common standpoint of the DPAs inthe Federal government implemented special data protection measures in the laws governing toll systems: Section 73 Distinction between facts and personal assessments.


Section 12 Official relationship. To compare with the current status of the German version, see http: Germany has no workplace privacy law because the Federal Government has not come up yet with a draft legislation on the subject, although the German Parliament has requested it several times. For years, the commissioners have appealed to prosecution judis to use this means sparingly.

Vergleichen Sie dazu bitte http: Section 75 Rectification and erasure of personal data and restriction of processing. Section 78 General requirements.

EPIC — Privacy and Human Rights Report

The draft legislation would require data retention for 6 months. The chips will be attached to all products. Chapter 1 Scope, definitions and general principles for processing personal data. The law took effect in January and requires telecommunications service providers to disclose data, such as time and duration iuris use, place of use and identifying numbers.

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 bddg Notification of data subjects. Section 27 Data processing for purposes of scientific or historical research and for statistical purposes. Chapter 2 Nuris basis for processing personal data. This effectively will include the possibility to access the retained data also in cases of copyright violations via peer-to-peer networks.

Service providers are legally compelled to request the name and address of new customers to which they allocate a telephone number, even though they only use prepaid services. Section 22 Processing of special categories of personal data. Chapter 1 Legal jurris for processing personal data. Section 43 Provisions on administrative fines. Section 58 Right to rectification and erasure and to restriction of processing.

However the list also covers offences not covered by the directive, such as those committed via telecommunication.

It grants data subjects greater rights of objection. Telecommunications operators providing publicly available services are also mandated to provide — at their own expense — the technical facilities required to implement telecommunications interception for law enforcement purposes. Section 20 Judicial remedy. Germany has one of the strictest data protection laws in the European Union. Chapter 2 Rights of the data subject. Section 47 General principles for processing personal data.


BDSG: Bundesdatenschutzgesetz (Juris) | BibSonomy

Section 52 Processing on instructions from the controller. The current proposal aims at entering into force on January 1st,thus not making use of the extended implementation period for the area of internet related data the EU Directive offers. Section 68 Cooperation with the Federal Commissioner.

The collection and use of traffic data is strictly limited to: Section 38 Data protection officers of private bodies. This reputable report recommends reducing the number of laws governing specific details of privacy protections and creating one general statute, which would only refer to more detailed regulations where necessary.

A significant public movement against data retention has been formed, with some thousand people attending demonstrations, and about 10, people declaring that they will be filing a case before the Constitutional Court, which is quite extraordinary, since the procedures do not allow for class action suits. Section 84 Penal provisions. Section 49 Processing for other purposes.

Section 67 Conducting a data protection impact assessment. Section 44 Proceedings against a controller or processor. Service providers are required under the TMG to produce user data, such as user names or addresses, upon request of the German secret services. Section 59 Modalities for exercising the rights of the data subject.