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 - § 42
Penal provisions
- The following actions done deliberately and without authorization with regard to the personal data of a large number of people which are not publicly accessible shall be punishable with imprisonment of up to three years or a fine:
- transferring the data to a third party or
- otherwise making them accessible
- The following actions done with regard to personal data which are not publicly accessible shall be punishable with imprisonment of up to two years or a fine:
- processing without authorization, or
- fraudulently acquiring
- 1Such offences shall be prosecuted only if a complaint is filed. 2The data subject, the controller, the Federal Commissioner and the supervisory authority shall be entitled to file complaints.
- A notification pursuant to Article 33 of Regulation (EU) 2016/679 or a communication pursuant to Article 34 (1) of Regulation (EU) 2016/679 may be used in criminal proceedings against the person required to provide a notification or a communication or relatives as referred to in Section 52 (1) of the Code of Criminal Procedure only with the consent of the person required to provide a notification or a communication.
for commercial purposes.
and doing so in return for payment or with the intention of enriching oneself or someone else or harming someone.
Quelle: Bundesamt für Justiz
