Germany Federal Data Protection Act (BDSG)
Part 2: implementing provisions for processing under the GDPR (employment, special categories, rights, private-sector DPOs) – Germany Federal Data Protection Act (BDSG)

Germany Federal Data Protection Act (BDSG) s22: s 22 Process special categories only on a listed national ground and with specific safeguards

In derogation from GDPR Art. 9(1), special categories may be processed by public and private bodies where necessary for social security and social protection rights and duties; for preventive or occupational medicine, judging an employee's fitness for work, diagnosis, care or treatment in health or social services or running those systems, or under a contract with a health professional, by persons under professional secrecy; for public health reasons with professional secrecy observed; or where urgently necessary for substantial public interest. Public bodies may also do so to avert a serious danger to public security, to avoid serious damage to the general good, or for urgent defence and crisis purposes. For the last ground of public and private bodies and for the public-body grounds, the controller's interest must outweigh the data subject's. In every case appropriate specific measures are required, chosen by state of the art, cost and risk: technical and organisational measures, logging of who entered, changed or removed data, staff awareness, a data protection officer, access restriction, pseudonymisation, encryption, confidentiality, integrity, availability and resilience with rapid restoration, regular testing of measures, and specific rules for transfers and further use.

Maintained by Gerard Blokdyk

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GDPR · 1 control

  • GDPR-Art.9 Processing of special categories of personal data

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Other controls in Part 2: implementing provisions for processing under the GDPR (employment, special categories, rights, private-sector DPOs) – Germany Federal Data Protection Act (BDSG)

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