Der Bayerische Landesbeauftragte für den Datenschutz; Stand: 08.05.2002
Summary of the essentials of the Bavarian State Law for Data Protection and Privacy
The Bavarian state law for Data Protection and Privacy complies in its amended version of the year 2000 with the European Directive 95/46/EC on the "Protection of individuals with regard to the processing of personal data and on the free movement of such data".
It is applicable for data processing by Bavarian public authorities and organizations.
In its second section, in the articles 9 through 14, it contains regulations for the right of an individual to appeal to the Data Protection Commissioner (article 9), for the right for information and notification about data processing (article 10), for the right for correction (article 11), deletion and blockage of incorrect data (article 12) and for the right for notification after data transmission and for compensation (article 14).
The third and fourth section, in which the legal bases of data collection, data processing and data utilization (articles 15 through 24) as well as the management of data protection in public authorities are regularized - particularly through the local data protection commissioners of the public authorities (articles 25 through 28) -, is followed by the fifth section (articles 29 through 33) which contains regulations concerning the state’s Data Protection Commissioner.
Article 29 regulates appointment and legal status of the state’s Data Protection Commissioner. Proposed by the Bavarian State Government he is elected by the Bavarian Parliament for a term of duty of six years. Within his term he can either be recalled because of his own request or with a 2/3 majority of the Bavarian Parliament and only if this is justified by an accordingly applied regulation for dismissing a professional judge.
The state’s Data Protection Commissioner is independent in the exercise of his duties and subject only to the law; he may contact the Bavarian Parliament at any time.
The state’s Data Protection Commissioner is head of an office which has to be manned with the Commissioner’s agreement.
It is the task of the state’s Data Protection Commissioner to control the obedience of data protection and privacy regulations by public authorities.
In case of encountering violations he formally objects and demands the removal of the violation within a reasonable time frame.
Every other year the state’s Data Protection Commissioner reports about his activities to the Bavarian Parliament and to the Bavarian State Government.
At the Bavarian Parliament there is a Data Protection Commission which consists of 10 members. Six of those are members of the Bavarian Parliament and the remaining four members are appointed through a proposal of the state government, the communal central associations, the social insurance authorities and the association of free occupations.
The Data Protection Commission only executes a supporting and advisory function to the state’s Data Protection Commissioner. Controlling or decisional power is not given to the Data Protection Commission.
Summary by: Reinhard Vetter, May 8th , 2002
Translation by: Oliver Brunner, Dieter J. Ermer