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3) Transparency and purpose
The data subject is to be informed of collection, first-time storage or transmission of
the personal data according to §48 Para. 3, §19 and §33 of the Federal Data Protection
Act (BDSG). This is also regulated by Article 10 f. of the EU Data Protection Directive
(95/46/EC). In addition to processing personal data the principle of the purpose must be
regarded (see in particular Article 6 (b) of EU Data Protection Directive).
4) The processing of special categories of data Article 8:
Member States shall prohibit the processing of personal data revealing racial or ethnic
origin, political opinions, religious or philosophical beliefs, trade-union membership and
the processing of data concerning health or sex life.
Processing is only allowed if e.g. this is required for the employment relationship or to
protect the vital interests involved. Further data processing is allowed if the owner has
published the data by himself/herself. It is required to assert claims in court or processing
the data in the context of medical care / health care is needed.
Appropriate regulations can be found in § 28 para. 6-9 BDSG
5) Inalienable rights of the data subject
According to §19, 20, 34 and 35 BDSG the data subject has the right of access,
rectification and erasure or blocking of the stored data concerning them.
The same also applies to Article 12 of the EC Data Protection Directive, in which any
interested party has the right to information and, as appropriate the rectification, erasure
or blocking of data the processing of which does not comply with the provisions of this
Directive.
Furthermore according to article 14 Member States shall grant the data subject the right
to object at any time on compelling legitimate grounds relating to his particular situation
to the processing of data relating to him.
6) Section 42a Obligation to notify in case of unlawful access to data:
With very vulnerable data types referred to in §42a para.1 BDSG it is obligatory that the
responsible authority informs all parties concerned of the data loss.
7) Administrative offences:
The unauthorized collection, processing and use of personal information can in
accordance to §43 BDSG be punished with fines up to € 300,000.00. In the event of
an intentional commission of certain offenses fines can therefore be according to §44
BDSG a criminal offense and can be punished with imprisonment up to two years or
with a fine.
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