Federal Data Protection Act

Section 1 Purpose and scope (1) The purpose of this Act is to protect the individual against his right to privacy being impaired through the handling of his personal data. (2) This Act shall apply to the collection, processing and use of personal data by 1. public bodies of the Federation, 2. public bodies of the Länder in so far as data protection is not governed by Land legislation and in so far as they a) execute federal law or, b) act as bodies of the judicature and are not dealing with administrative matters, 3.private bodies in so far as they process or use data by means of data processing systems or collect data for such systems, process or use data in or from non-automated filing systems or collect data for such systems, except where the collection, processing or use of such data is effected solely for personal or family activities. (3) In so far as other legal provisions of the Federation are applicable to personal data, including their publication, such provisions shall take precedence over the provisions of this Act. This shall not affect the duty to observe the legal obligation of maintaining secrecy or professional or special official confidentiality not based on legal provisions. (4) The provisions of this Act shall take precedence over those of the Administrative Procedures Act in so far as personal data are processed in ascertaining the facts. (5) This Act shall not apply in so far as a controller located in another member state of the European Union or in another state party to the Agreement on the European Economic Area collects, processes or uses personal data, except where such collection, processing or use is carried out by a branch in Germany. This Act shall apply in so far as a controller which is not located in a member state of the European Union or in another state party to the Agreement on the European Economic Area collects, processes or uses personal data in Germany. In so far as the controller is to be named under this Act, information is also to be furnished on representatives established in Germany. Sentences 2 and 3 shall not apply in so far as data storage media are employed solely for the purposes of transit through Germany. The first sentence of Section 38 (1) shall remain unaffected.