English
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14. Appropriate handling of the HS256 S3 for data
privacy
Please note following principles and requirements of the Federal Data Protection Act
(BDSG), State Data Protection Acts and the corresponding standards of the EU Data
Protection Directive (95/46/EC) for storaging personal data:
1) Lawfulness of data collection, processing and use
According to §4 para. 1 BDSG the collection, processing and use of personal data shall
be lawful only if permitted or ordered by this Act or other law, or if the data subject has
provided consent.
The same is true in regard to Article 7 of the EU Data Protection Directive, according to
which Member States shall provide that personal data may be processed only if:
a) the data subject has unambiguously given his consent; or
b) processing is necessary for the performance of a contract to which the data subject
is party or in order to take steps at the request of the data subject prior to entering
into a contract; or
c) processing is necessary for compliance with a legal obligation to which the
controller is subject; or
d) processing is necessary in order to protect the vital interests of the data subject; or
e) processing is necessary for the performance of a task carried out in the public
interest or in the exercise of official authority vested in the controller or in a third
party to whom the data are disclosed; or
f) processing is necessary for the purposes of the legitimate interests pursued by the
controller or by the third party or parties to whom the data are disclosed, except
where such interests are overridden by the interests for fundamental rights and
freedoms of the data subject which require protection under Article 1 (1).
2) Data reduction and data economy (Section 3a)
Personal data shall be collected, processed and used as well as and data processing
systems shall be chosen and organized in accordance with the aim of collecting,
processing and using as little personal data as possible. In particular, personal data shall
be rendered anonymous or aliased as allowed by the purpose for which they are collected
and/or further processed, and as far as the effort required is not disproportionate to the
desired purpose of protection.
Please consider this aspect during the creation of backup copies. The old backups should
be replaced with the current data regularly instead of providing new ones. To delete the
old data before creating a new backup completely before creating a new backup, iit
is recommended to change the cryptographic keys and afterwards please format the
whole hard drive with a new key.
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