Part 1
Teil 2
Sub-chapter 1
- § 22Processing of special categories of personal data
- § 23Processing for other purposes by public bodies
- § 24Processing for other purposes by private bodies
- § 25Transfer of data by public bodies
- § 26Data processing for employment-related purposes
- § 27Data processing for purposes of scientific or historical research and for statistical purposes
- § 28Data processing for archiving purposes in the public interest
- § 29Rights of the data subject and powers of the supervisory authorities in the case of secrecy obligations
- § 30Consumer loans
- § 31Protection of commercial transactions in the case of scoring and credit reports
Sub-Chapter 2
- § 32Information to be provided where personal data are collected from the data subject
- § 33Information to be provided where personal data have not been obtained from the data subject
- § 34Right of access by the data subject
- § 35Right to erasure
- § 36Right to object
- § 37Automated individual decision-making, including profiling
Teil 3
- § 55General information on data processing
- § 56Notification of data subjects
- § 57Right of access
- § 58Right to rectification and erasure and to restriction of processing
- § 59Modalities for exercising the rights of the data subject
- § 60Right to lodge a complaint with the Federal Commissioner
- § 61Legal remedies against decisions of the Federal Commissioner or if he or she fails to take action
- § 62Processing carried out on behalf of a controller
- § 63Joint controllers
- § 64Requirements for the security of data processing
- § 65Notifying the Federal Commissioner of a personal data breach
- § 66Notifying data subjects affected by a personal data breach
- § 67Conducting a data protection impact assessment
- § 68Cooperation with the Federal Commissioner
- § 69Prior consultation of the Federal Commissioner
- § 70Records of processing activities
- § 71Data protection by design and by default
- § 72Distinction between different categories of data subjects
- § 73Distinction between facts and personal assessments
- § 74Procedures for data transfers
- § 75Rectification and erasure of personal data and restriction of processing
- § 76Logging
- § 77Confidential reporting of violations
Teil 4
FDPA Part 2 - § 31
Protection of commercial transactions in the case of scoring and credit reports
- For the purpose of deciding on the creation, execution or termination of a contractual relationship with a natural person, the use of a probability value for certain future action by this person (scoring) shall be permitted only if
- the provisions of data protection law have been followed;
- the data used to calculate the probability value are demonstrably essential for calculating the probability of the action on the basis of a scientifically recognized mathematic-statistical procedure;
- other data in addition to address data are used to calculated the probability value; and
- if address data are used, the data subject was notified ahead of time of the planned use of these data; this notification shall be documented.
- 1The use of a probability value calculated by credit reporting agencies to determine a natural person’s ability and willingness to pay shall be permitted in the case of including information on claims only as far as the conditions of subsection 1 are met and only claims concerning a performance owed which has not been rendered on time are considered
- which have been established by a final decision or a decision declared enforceable for the time being, or if an executory title has been issued under Section 794 of the Code of Civil Procedures,
- which have been established under Section 178 of the Insolvency Act and have not been disputed by the debtor at the verification meeting,
- which the debtor has explicitly acknowledged,
- for which
- the debtor has received at least two written reminders after the due date of the claim,
- at least four weeks have elapsed since the first reminder,
- the debtor was previously informed, at least in the first reminder, of possible consideration by a credit reporting agency and
- the debtor has not disputed the claim, or
- the contractual relationship on which the claim is based can be terminated without prior notice for payment in arrears and the debtor has been informed of possible consideration by a credit reporting agency.
2The lawfulness of processing, including the calculation of probability values, other data relevant for credit reports pursuant to general data protection law shall remain unaffected.
Quelle: Bundesamt für Justiz
