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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As prescribed by EC Directive on Privacy and Electronic Communications, the TKG sets out the requirements of the processing of location data, either anonymously or with the jursi consent, for the provision of location based services.

Part I Common provisions. 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.

This change has significant impact, because many small companies who were previously obligated to have a privacy officer are no longer required by statute to have one. The chips will be attached to all products.

EPIC — Privacy and Human Rights Report

Section 59 Modalities for exercising the rights of the data subject. Personal data hdsg only be disclosed if the information interest outweighs the interest of the data subject.

Section 84 Penal provisions. Sub-chapter 2 Special processing situations. A few proposals for this law have already been circulated. Indeed, although this surveillance data is only supposed to be used for toll-collection and enforcement jursi, the German police recently gained access to the data when trying to locate a stolen garbage truck. The collection and use of traffic data is strictly limited to: Privacy and data security groups have protested this proposal, citing the possibility for using the data for purposes other than toll-collection.

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German authorities have also recently proposed implementation of a video surveillance system at toll collection points, to ensure that trucks from other countries are paying the proper tolls on the autobahn. However the list also covers offences not covered by the directive, such as those committed via telecommunication.

The draft legislation would require data retention for 6 months.

The TKG was last amended on February 18, Chapter 3 Data protection officers of public bodies. Section 82 Mutual assistance. Chapter 3 Obligations of controllers and processors.

After much debate between the ruling coalition parties Social Democrats and Christian Democratsit was decided to store the fingerprint data neither in a central nor in local databases. Section 32 Information to be provided where personal data are collected from the data subject. In most instances of wiretapping, law enforcement jiris did not inform the subjects after the eavesdropping took place, contrary to what is stipulated by the law. Section 63 Joint controllers.

Section 79 Data transfers with appropriate safeguards. Chapter 6 Cooperation among supervisory authorities.

However, there is still much discussion about how to include Voice over IP. 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 28 Data processing for archiving purposes in the public interest.


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.

Apart from the short-term processing of the data in specific control situations, the fingerprints jutis thus only to be stored in the German passport itself and not in any databases of public authorities.

EPIC Privacy and Human Rights Report – Federal Republic of Germany

Chapter 4 Obligations of controllers and processors. 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 68 Cooperation with the Federal Commissioner.

According to its general clause, it is unfair juriis annoy market players, e.

Section 65 Notifying the Federal Commissioner of a personal data breach. Section 38 Data protection officers of private bodies. The draft also aims at complying with the Cybercrime Convention. Cold calling of consumers is a violation of Unfair Competition Law.