Section 22 - Processing of special categories of personal dataSection 23 - Processing for other purposes by public bodiesSection 24 - Processing for other purposes by private bodiesSection 25 - Transfer of data by public bodiesSection 26 - Data processing for employment-related purposesSection 27 - Data processing for purposes of scientific or historical research and for statistical purposesSection 28 - Data processing for archiving purposes in the public interestSection 29 - Rights of the data subject and powers of the supervisory authorities in the case of secrecy obligationsSection 30 - Consumer loansSection 31 - Protection of commercial transactions in the case of scoring and credit reportsSection 32 - Information to be provided where personal data are collected from the data subjectSection 33 - Information to be provided where personal data have not been obtained from the data subjectSection 34 - Right of access by the data subjectSection 35 - Right to erasureSection 36 - Right to objectSection 37 - Automated individual decision-making, including profilingSection 38 - Data protection officers of private bodiesSection 39 - AccreditationSection 40 - Supervisory authorities of the LänderSection 41 - Application of provisions concerning criminal proceedings and proceedings to impose administrative finesSection 42 - Penal provisionsSection 43 - Provisions on administrative finesSection 44 - Proceedings against a controller or processor
Section 45 - ScopeSection 46 - DefinitionsSection 47 - General principles for processing personal dataSection 48 - Processing of special categories of personal dataSection 49 - Processing for other purposesSection 50 - Processing for archiving, scientific and statistical purposesSection 51 - ConsentSection 52 - Processing on instructions from the controllerSection 53 - ConfidentialitySection 54 - Automated individual decisionSection 55 - General information on data processingSection 56 - Notification of data subjectsSection 57 - Right of accessSection 58 - Right to rectification and erasure and to restriction of processingSection 59 - Modalities for exercising the rights of the data subjectSection 60 - Right to lodge a complaint with the Federal CommissionerSection 61 - Legal remedies against decisions of the Federal Commissioner or if he or she fails to take actionSection 62 - Processing carried out on behalf of a controllerSection 63 - Joint controllersSection 64 - Requirements for the security of data processingSection 65 - Notifying the Federal Commissioner of a personal data breachSection 66 - Notifying data subjects affected by a personal data breachSection 67 - Conducting a data protection impact assessmentSection 68 - Cooperation with the Federal CommissionerSection 69 - Prior consultation of the Federal CommissionerSection 70 - Records of processing activitiesSection 71 - Data protection by design and by defaultSection 72 - Distinction between different categories of data subjectsSection 73 - Distinction between facts and personal assessmentsSection 74 - Procedures for data transfersSection 75 - Rectification and erasure of personal data and restriction of processingSection 76 - LoggingSection 77 - Confidential reporting of violationsSection 78 - General requirementsSection 79 - Data transfers with appropriate safeguardsSection 80 - Data transfers without appropriate safeguardsSection 81 - Other data transfers to recipients in third countriesSection 82 - Mutual assistanceSection 83 - CompensationSection 84 - Penal provisions

Section 16


(1) The Federal Commissioner shall have, within the scope of Regulation (EU) 2016/679, the powers referred to in Article 58 of Regulation (EU) 2016/679. If the Federal Commissioner concludes that data protection legislation has been violated or that there are other problems with the processing of personal data, he or she shall inform the competent authority for legal or technical matters and, before exercising the powers referred to in Article 58 (2) (b) to (g), (i) and (j) of Regulation (EU) 2016/679, shall give this authority the opportunity to provide its opinion to the controller within a reasonable period. The opportunity to provide an opinion may be dispensed with if an immediate decision seems necessary due to imminent danger or in the public interest, or if it would conflict with compelling public interests. The opinion should also include a description of the measures taken on the basis of the information from the Federal Commissioner.
(2) If the Federal Commissioner finds that, in data processing for purposes beyond the scope of Regulation (EU) 2016/679, public bodies of the Federation have violated this Act or other data protection legislation or there are other insufficiencies with their processing or use of personal data, the Federal Commissioner shall lodge a complaint with the competent supreme federal authority and shall require this authority to respond within a period to be determined by the Federal Commissioner. The Federal Commissioner may dispense with a complaint or a response, especially if the problems involved are insignificant or have been remedied in the meantime. The response should also describe the measures taken as a result of the Federal Commissioner’s complaint. The Federal Commissioner may also warn a controller that intended processing operations are likely to violate provisions of this Act and other data protection provisions which apply to the data processing in question.
(3) The powers of the Federal Commissioner shall also extend to
1. personal data obtained by public bodies of the Federation concerning the contents of and specific circumstances relating to postal communications and telecommunications, and
2. personal data subject to professional or special official secrecy, especially tax secrecy under Section 30 of the German Fiscal Code.
The fundamental right to privacy of correspondence, posts and telecommunications in Article 10 of the Basic Law shall be limited accordingly.
(4) The public bodies of the Federation shall be obligated to provide the Federal Commissioner and his or her assistants with the following:
1. access to all official premises at all times, including to any data processing equipment and means, and to all personal data and all information necessary to perform their tasks; and
2. all information necessary to perform their tasks.
(5) The Federal Commissioner shall work to cooperate with the public bodies responsible for monitoring compliance with data protection provisions in the Länder and with the supervisory authorities under Section 40. Section 40 (3), first sentence, second half sentence, shall apply accordingly.