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.
|Published (Last):||15 April 2005|
|PDF File Size:||7.7 Mb|
|ePub File Size:||11.62 Mb|
|Price:||Free* [*Free Regsitration Required]|
Inthe Bundestag the German Parliament passed a law that added to the Criminal Procedural Code StPO further means of investigation into electronic communications. Service providers are required under the TMG to produce user data, such as user names or addresses, upon request of the German secret services. To compare with the current status of the German version, see http: For years, the commissioners have appealed to prosecution authorities to use this means sparingly.
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. The Arbeitskreis is coordinating the campaign against the introduction of data retention in 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. In Marchthe German Federal Constitutional Court ruled  that significant portions of the eavesdropping Law infringed the Constitution, or Basic Law, especially Article 1 on human dignity and Article 13 on the inviolability of private homes.
Strong concerns on the compliance with constitutional provisions have been raised even by the scientific service of the parliament. Chapter 2 Rights of the data subject.
The majority of federal statutes that have an impact on personal information and privacy contain references to the Federal Data Protection Act if they do not carry special sections on the handling of personal data themselves. Section 65 Notifying the Federal Commissioner of a personal data breach.
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.
EPIC — Privacy and Human Rights Report
Section 60 Right to lodge a complaint with the Federal Commissioner. Section 70 Records of processing activities.
Section 24 Processing for other purposes by private bodies. 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 49 Processing for other purposes.
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 74 Procedures for data transfers. Section 54 Automated individual decision. This change has significant impact, because many small companies who were previously obligated to have bdsb privacy officer are no longer required by statute to have one. For conditions governing use of this translation, please see the information provided under “Translations”.
BDSG: Bundesdatenschutzgesetz (Juris) | BibSonomy
Section 72 Distinction between different categories of data subjects. A few proposals for this law have already been circulated.
Section 80 Data transfers without appropriate safeguards. Section 55 General information on data processing. The so-called ” Grosser Lauschangriff ” “Big Eavesdropping Attack” formed part of the Law for the Enhancement of the Fight against Organized Crime, which became effective inand was intended to provide the legal basis for police to survey potential criminals.
Chapter 2 Legal basis for processing personal data.
Subsequent to the production of the passport, the manufacturer and local authorities are obliged to delete the data. The law as it stands merely stipulates the disclosure in cases where the signature owner is using a pseudonym.
Sub-chapter 1 Processing of special categories of personal data and processing for other purposes. As prescribed by EC Directive on Privacy and Electronic Communications, the TKG sets out the requirements of the processing juis location data, either anonymously or with the subscriber’s consent, for the provision of location based services.
Section 22 Processing of special categories of personal data. Section 25 Transfer of data by public bodies. Section 38 Data protection officers of private bodies. RFID-chipped tickets for the Football World Cup in Germany enabled authorities to track the movements of jursi individualized spectator during the event. The Federal Constitutional Court Bundesverfassungsgericht has ruled that the police may use GPS technology to track jiris driving motor vehicles in cases of serious crimes even without a judicial warrant.
Vergleichen Sie dazu bitte http: Direct marketing via e-mail is not prohibited as spam under the conditions that 1 an organization has received the e-mail address in the context of selling goods or services to the customer; 2 the organization uses the e-mail contact for marketing of very similar products and services; 3 the customer has not opposed the use of his e-mail for further direct marketing; and 4 at the time of the collection and each usage of the e-mail address clearly sets out the right to opt-out from direct marketing via e-mail.
According to a common standpoint of the DPAs inthe Federal government bbdsg special data protection measures in the laws governing toll systems: 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.
There are several other video surveillance projects in Germany that have generated a response from privacy and data protection advocacy groups. The BfDI publishes a biannual activity report. Upon discovery, the mechanism of the camera was changed to reduce the angle of observation. Section 56 Notification of data subjects.
In Marchthe EU adopted the Data Retention Directive that mandates the retention of telecommunications data for a period of 6 months to 24 months.
Chapter 1 Scope and definitions. Section 61 Legal remedies against decisions of the Federal Commissioner or if he or she fails to take action.
In most instances of wiretapping, law enforcement agencies did not inform the subjects after the eavesdropping took place, contrary to what is stipulated by the law.
Section 20 Judicial remedy. Section 30 Consumer loans. Section 43 Provisions on administrative fines.