Professional association warns of hotchpotch and special provisions
The Association of Data Protection Officers of Germany (BvD) calls upon federal states to bring their data protection laws into line with the EU General Data Protection Regulation (GDPR) which comes into force on 25 May 2018. The current hotchpotch of data protection laws in individual German states contains many provisions that differ from those of the GDPR, and thereby make uniform interpretation at national level virtually impossible, explained the BvD in Berlin.
Uniform and transparent rules are essential for data protection officers and citizens. The professional association called for the data protection goal of transparency to equally apply for individual state laws. The GDPR ought to apply throughout Germany.
Differing provisions that currently apply include provisions concerning video surveillance, research and data transfer principles. Data protection is also interpreted differently in schools and hospitals, which fall within the remit of the individual states. The BvD finds this difficult to accept.
The BvD warned that special provisions concerning the GDPS must only be formulated where the EU law provides exemption clauses or regulatory powers. Exemption clauses such as these are not available for appointing internal and external data protection officers in public institutions.
After agreement has been reached on the new Federal Data Protection Act in the federal parliament and the GDPR has been implemented, the revision of federal state data protection laws will then be placed on the agenda. The BvD will accompany the legislation process in the individual states and ensure that drafts comply with EU and federal law.
Your BvD contact:
Chairman of the Board Thomas Spaeing, Budapester Straße 31, 10787 Berlin
Tel: 030 . 26 36 77 60, Email: firstname.lastname@example.org, Internet: https://www.bvdnet.de
Further short papers available on the GDPR from the Data Protection Conference