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Tag Archives for " Germany "

CJEU to decide on right of consumer protection associations and competitors to sue under GDPR

The Federal Court of Justice (BGH) has submitted to the Court of Justice of the European Union (CJEU) the question whether consumer protection associations or competitors are authorised to initiate a civil action in case of infringements of the General Data Protection Regulation (GDPR).

In this preliminary ruling procedure, the CJEU will have to decide whether, among other provisions, Art. 80 GDPR is in conflict with member state law which allows consumer protection associations and competitors to take action against infringements of the GDPR irrespective of the violation of subjective rights of individuals and without a mandate from the data subject.

Source: GERMANY: Right of consumer protection associations and competitors to initiate civil actions under GDPR will be case for CJEU

German Mass Surveillance Abroad is Ruled Unconstitutional

In a landmark decision, the German Constitutional Court has ruled that mass surveillance of telecommunications outside of Germany conducted on foreign nationals is unconstitutional.

In its press release about the decision, the court found that the privacy rights of the German constitution also protects foreigners in other countries and that the German intelligence agency, Bundesnachrichtendienst (BND), had no authority to conduct telecommunications surveillance on them.

The court also decided that as currently structured, there was no way for the BND to restrict the type of data collected and who it was being collected from. Unrestricted mass surveillance posed a particular threat to the rights and safety of lawyers, journalists and their sources and clients.

Source: Victory! German Mass Surveillance Abroad is Ruled Unconstitutional

Germany′s data chief tells ministries WhatsApp is a no-go

Germany’s data privacy chief has told federal bodies not to use WhatsApp, amid concerns that it feeds Facebook with data. Ulrich Kelber said it appeared that the government has failed to establish enough safe services.

The Düsseldorf newspaper Handelsblatt said Kelber, previously a Social Democrat (SPD) federal parliamentarian, was reacting to complaints from citizens about the use of WhatsApp by unnamed federal authorities.

Source: Germany′s data chief tells ministries WhatsApp is a no-go | News | DW | 17.05.2020

German Federal Agencies Publish Privacy and IT Security Requirements for Digital Health Applications

On April 21, 2020, the Regulation on the Requirements and Reimbursement Process for Digital Health Applications (DiGAV) entered into force in Germany.

Among other provisions, the DiGAV includes specific IT security and privacy requirements. Shortly after the law took effect, Germany’s Federal Medicines and Medical Devices Agency (“BfArM”) also released an extensive explanatory Guidance to the DiGAV.

While the scope of application of the DiGAV and the BSI draft guidance may be limited, the documents can serve to provide useful insights and benchmarks for health applications generally.

Full article: German Federal Agencies Publish Privacy and IT Security Requirements for Digital Health Applications

Germany switches sides in privacy contact tracing solution backing Apple and Google

Germany appears to have undertaken a volte-face in the approach it takes to combine privacy and contact tracing, supporting an approach which also has support from Apple and Google.

The race has been on to create a way that enables the tracing of people who have been in the close proximity of an individual who had tested positive for Covid-19, while preserving privacy. The solution lies with anonymity, using bluetooth connectivity with smart phones.

Source: Germany switches sides in privacy contact tracing solution backing Apple and Google

German Supervisory Authority Publishes New Standard Clauses for Processors

On April 9, 2020, the German Supervisory Authority of Baden-Wuerttemberg published standard contractual clauses for data processors pursuant to Article 28(8) GDPR.

It is the first German Supervisory Authority to do so, and the second in EU after the Danish Supervisory Authority published its own standard clauses in July 2019.

Source: German Supervisory Authority Publishes New Standard Clauses for Processors

Amendments to the German Infection Protection Act interfere with privacy

On 23 March 2020 the Federal Cabinet adopted the Amendments to the Infection Protection Act, as proposed by the Federal Ministry of Health (BMG) which include measures that aim to slow down the infection rate of COVID-19 (‘Coronavirus’) and have an impact on the right to privacy.

The Federal Commissioner for Data Protection and Freedom of Information (‘BfDI’), Ulrich Kelber, criticised some of the Amendments as potentially excessive and not proven to be effective. In particular, the BfDI highlights that the Amendments contain extensive record obligations for the transport sector, and also lack the obligation to delete personal data recorded during the health crisis afterwards.

Source: Germany: Amendments to the Infection Protection Act interfere with “right to privacy quite significantly” | DataGuidance

Deutsche Telekom shares location data to fight Coronavirus

Deutsche Telekom wants to support the Robert Koch Institute in containing the coronavirus pandemic with cell phone data.

Therefore Deutsche Telekom provides RKI with customer data that can be used to track the movement of mobile phone users. For this purpose, the company is said to have already made part of its customer data accessible to the authority in an anonymous form.

Source: (7) How does the corona virus spread ?: RKI receives cell phone data from Deutsche Telekom – Wissen – Tagesspiegel

Facebook’s Tiny Privacy Fine Is a ‘Warning,’ Watchdog Says

Facebook Inc.’s German unit was handed a fine of 51,000 euros for failing to properly nominate a data protection officer for its local office, a penalty privacy regulators said should still serve as a “warning” to others.

While the punishment seems tiny for the social network giant, it targets the German unit and not the “billion-dollar parent company,” the data protection authority in Hamburg, Germany, said in its 2019 annual report published on Thursday.

Source: Facebook’s Tiny Privacy Fine Is a ‘Warning,’ Watchdog Says – Bloomberg

German Federal Supervisory Authority Launches Public Consultation on Anonymization

On February 10, 2020, Germany’s Federal Commissioner for Data Protection and Freedom of Information (BfDI) launched its first public consultation procedure.

The consultation invites comments on a position paper of the BfDI which addresses the anonymization of personal data under the General Data Protection Regulation (GDPR), with a particular focus on the telecommunications sector (for example, the anonymization of location data in mobile networks).

Source: German Federal Commissioner for Data Protection and Freedom of Information Launches Public Consultation on Anonymization

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