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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In the case of “Track your Kid” services parents consent to give up their child’s data protection because they are the subscribers, whereas the child is the user of the mobile phone.

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. This regulation protects private life against the invasion of privacy by the taking of pictures of persons in their apartments or other protected areas, e. Germany has one of the strictest data protection laws in the European Union. Section 50 Processing for archiving, scientific and statistical purposes.

Chapter 3 Obligations of controllers and processors.

EPIC — Privacy and Human Rights Report

The revisions to the BDSG include regulations on personal data transfers abroad, video surveillance, anonymization and pseudonymization, smart cards, and sensitive data collection relating to race or ethnic origin, political opinions, religious or philosophical convictions, union membership, health, and sexual orientation.

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.

According to a common standpoint of the DPAs inthe Federal government implemented special data protection measures in the laws governing toll systems: Section 26 Data processing for employment-related purposes. Section 24 Processing for other purposes by private bodies. Section 23 Processing for other purposes by public bodies. Section 48 Processing jkris special categories of personal data.


Chapter 3 Rights of the data subject. Direct marketing via e-mail is not prohibited as spam under the conditions that 1 jurs organization has received the e-mail address in bddg 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.

Also, telephone monitoring has been on the increase sincewhen there were 4, instances of monitoring, up to 35, in 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.

Section 4 Video surveillance of publicly accessible spaces.

For example, a private group called Der Grosse Bruder Big Brother [] has created a map of Munich, highlighting all the video surveillance cameras installed there. Personal data will only be disclosed if the information interest outweighs the interest of the data subject.

It also states that, apart from public bodies, private companies are now also required to appoint a data protection officer if they collect, process, or use personal information. The draft legislation would require data retention for 6 months.

EPIC Privacy and Human Rights Report – Federal Republic of Germany

Service providers are required under the TMG to produce user data, such as user names or addresses, upon request of the German secret services. This was subsequently upheld by the courts. Subsequent to the production of the passport, the manufacturer and local authorities are obliged to delete the data. 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 Ndsg for a period of up to juriz months.


Section 22 Processing of special categories of personal data.

As prescribed by Juuris 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.

The collection and use of traffic data is strictly limited to: Section 35 Right to erasure. However, the Court bddg that Parliament had to monitor the fast technological developments in this field and may have to bdsf laws if the risks for fundamental rights caused by technical surveillance increase. Another important federal law in Germany is the G Law, which imposes limitations on the secrecy of certain communications as provided in Article 10 of the Basic Law Grundgesetz.

Section 41 Application of provisions concerning criminal proceedings and proceedings to impose administrative fines. Section 1 Scope of the Act. Section 56 Notification of data subjects.