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 1 - § 6
Position
- The public body shall ensure that the data protection officer is involved, properly and in a timely manner, in all issues which relate to the protection of personal data.
- The public body shall support the data protection officer in performing the tasks referred to in Section 7 by providing resources necessary to carry out those tasks and access to personal data and processing operations, and to maintain his or her expert knowledge.
- 1The public body shall ensure that the data protection officer does not receive any instructions regarding the exercise of those tasks.2The data protection officer shall directly report to the highest management level of the public body. 3The data protection officer shall not be dismissed or penalized by the public body for performing his or her tasks.
- 1The dismissal of the data protection officer shall be permitted only by applying Section 626 of the Civil Code accordingly. 2The data protection officer’s employment shall not be terminated unless there are facts which give the public body just cause to terminate without notice. 3After the activity as data protection officer has ended, the data protection officer may not be terminated for a year following the end of appointment, unless the public body has just cause to terminate without notice.
- 1Data subjects may contact the data protection officer with regard to all issues related to processing of their personal data and to the exercise of their rights under Regulation (EU) 2016/679, this Act and other data protection legislation. 2The data protection officer shall be bound by secrecy concerning the identity of data subjects and concerning circumstances enabling data subjects to be identified, unless they are released from this obligation by the data subject.
- 1Where in the course of their activities data protection officers become aware of data for which the head of a public body or a person employed by such a body has the right to refuse to give evidence for employment-related reasons, this right shall also apply to the data protection officer and his or her assistants. 2The person to whom the right to refuse to give evidence applies for employment-related reasons shall decide whether to exercise this right unless it is impossible to effect such a decision in the foreseeable future. 3Where the right of the data protection officer to refuse to give evidence applies, his or her files and other documents shall not be subject to seizure.
Quelle: Bundesamt für Justiz
