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Bundesdatenschutzgesetz

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Bundesdatenschutzgesetz

The German Bundesdatenschutzgesetz (BDSG) is a federal data protection act, that together with the data protection acts of the German federated states and other area-specific regulations, governs the exposure of personal data, which are manually processed or stored in IT systems.

In the early 1960s, consideration for comprehensive data protection began in the United States and further developed with advancements in computer technology and its privacy risks. So a regulatory framework was needed to counteract the impairment of privacy in the processing of personal data.

In 1970, the federal state of Hesse passed the first national data protection law, which was also the first data protection law in the world. In 1971, the first draft bill was submitted for a federal data protection act. Finally, on 1 January 1978, the first federal data protection act came into force. In the following years, as the BDSG was taking shape in practice, a technical development took place in data processing as the computer became increasingly important both at work and in the private sector.

There were also significant changes in the legal field. With the Volkszählungsurteil [de] (in German) (census verdict) of December 15, 1983, the Federal Constitutional Court developed the right to self-determination of information (Article 1(1) in conjunction with Article 2(1) of the German Basic Law). The verdict confirmed that personal data are constitutionally protected in Germany. This means that individuals have the power to decide when and to what extent personal information is published.

In 1990, the legislature adopted a new data protection law based on the decision of the German Constitutional Court.

The BDSG was amended in 2009 and 2010 with three amendments: On April 1, 2010 came with the "Novelle I" a new regulation of the activities of credit bureaus and their counterparties (especially credit institutions) and scoring in force. The long and heavily debated "Novelle II" came into force on 1 September 2009. They change 18 paragraphs in the BDSG. Content includes changes to the list privilege for address trading, new regulations for market and opinion research, opt-in, coupling ban, employee data protection, order data processing, new powers for the supervisory authorities and new or greatly expanded fines, information obligations in the event of data breaches, dismissal protection for data protection officers. On June 11, 2010 changed the "Novelle III" [4] as a small sub-item within the law implementing the EU Consumer Credit Directive, the § 29 BDSG by two paragraphs.

In 2009, there were three amendments to the BDSG as a result of criticism from consumer advocates and numerous privacy scandals in business. The amendments addressed the following items:

The law should protect individuals' personal rights from being injured through the handling of their personal information (§ 1 I BDSG).

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