NCJ Number
53219
Date Published
1977
Length
35 pages
Annotation
GENERAL GUIDELINES ARE PRESENTED FOR THE WEST GERMAN FEDERAL DATA PROTECTION LAW OF 1977, WHICH CAN BE SUPPLEMENTED WITH SPECIAL FEDERAL REGULATIONS. THE LAW IS AIMED AT PROTECTING CITIZENS' PRIVACY.
Abstract
IN THE PRIVATE SECTOR, THE LAW APPLIES TO INTERNAL PROCESSING OF PERSONAL DATA, BUSINESS-RELATED PROCESSING OF PERSONAL DATA TO BE SOLD, THE ANONYMOUS TRANSFER OF DATA, AND DATA REQUESTED BY THIRD PARTIES. IN THE PUBLIC SECTOR, THE LAW APPLIES TO PROCESSING OF PERSONAL DATA BY PUBLIC AUTHORITIES OR AGENCIES OF THE FEDERAL GOVERNMENT AS WELL AS OF THE STATES AND COMMUNITIES WHEN THEY ARE EXECUTING FEDERAL LAW AND WHEN DATA PROTECTION IS NOT REGULATED BY STATE LAW. PROVISIONS CONCERN THE PERMISSIBILITY OF STORAGE AND ALTERATION AND THE DISSEMINATION AND ERASURE OF PERSONAL DATA, AND CLEARLY OUTLINE CITIZENS' RIGHTS (I.E., TO DEMAND THE PARTICULARS OF DATA STORED ABOUT THEM, TO CORRECT INACCURACIES, TO PROHIBIT THE RELEASE OF DATA, TO ERASE DATA NO LONGER REQUIRED, AND TO APPEAL VIOLATIONS OF THEIR RIGHTS). IF THERE ARE NO APPLICABLE DATA PROCESSING REGULATIONS, THE LAW REQUIRES THAT AFFECTED PARTIES GIVE THEIR CONSENT TO THE INTENDED FORM OF DATA PROCESSING. DATA PROCESSING AGENCIES AND BUSINESSES ARE OBLIGATED TO MAINTAIN DATA SECURITY THROUGH TECHNICAL AND ORGANIZATIONAL MEASURES. HOWEVER, DATA PROCESSED THROUGH THE MEDIA MUST BE PROTECTED BY LAWS WHICH APPLY SPECIFICALLY TO THE MEDIA. THE LAW ALSO PROVIDES FOR FINES AND PENALTIES. A SUPPLEMENT TO THE FEDERAL DATA PROTECTION LAW'S PROVISIONS ON TECHNICAL AND ORGANIZATIONAL MEASURES IS FURNISHED, ALONG WITH SUMMARIES OF PRESENTATIONS BY THE PARLIAMENTARY SECRETARY, AND GOVERNMENT RESPONSES TO INQUIRIES FROM REPRESENTATIVES OF THE CHRISTIAN DEMOCRATIC UNION AND THE CHRISTIAN SOCIALIST UNION. FOR AN ENGLISH SUMMARY TRANSLATION, SEE NCJ-59507. --IN GERMAN. (MHP)