Public bodies shall be permitted to process personal data if such processing is necessary to perform the task for which the controller is responsible or to exercise official authority which has been vested in the controller.

(1) Monitoring publicly accessible areas with optical-electronic devices (video surveillance) shall be permitted only as far as it is necessary

(3) Storing or using data collected pursuant to subsection 1 shall be permitted if necessary to achieve the intended purpose and if there is nothing to indicate legitimate overriding interests of the data subjects. Subsection 1, second sentence, shall apply accordingly. The data may be further processed for another purpose only if necessary to prevent threats to state and public security and to prosecute crimes.

(2) The public body shall support the data protection officer in performing the tasks referred to in Section 7 by providing resources necessary to carry out those tasks and access to personal data and processing operations, and to maintain his or her expert knowledge.

6. to handle complaints lodged by a data subject, or by a body, organisation or association in accordance with Article 55 of Directive (EU) 2016/680, and investigate, to the extent appropriate, the subject matter of the complaint and inform the complainant of the progress and the outcome of the investigation within a reasonable period, in particular if further investigation or coordination with another supervisory authority is necessary;

(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.

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.

a) processing is necessary to exercise the rights derived from the right of social security and social protection and to meet the related obligations;

b) processing is necessary for the purposes of preventive medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services or pursuant to the data subject’s contract with a health professional and if these data are processed by health professionals or other persons subject to the obligation of professional secrecy or under their supervision; or

c) processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices; in addition to the measures referred to in subsection 2, in particular occupational and criminal law provisions to ensure professional secrecy shall be complied with;

a) processing is urgently necessary for reasons of substantial public interest;

b) processing is necessary to prevent a substantial threat to public security;

c) processing is urgently necessary to prevent substantial harm to the common good or to safeguard substantial concerns of the common good; or

d) processing is necessary for urgent reasons of defence or to fulfil intergovernmental obligations of a public body of the Federation in the field of crisis management or conflict prevention or for humanitarian measures;

(1) Public bodies shall be permitted to process personal data for a purpose other than the one for which the data were collected where such processing is necessary for them to perform their duties and if

2. it is necessary to check information provided by the data subject because there is reason to believe that this information is incorrect;

3. processing is necessary to prevent substantial harm to the common good or a threat to public security, defence or national security; to safeguard substantial concerns of the common good; or to ensure tax and customs revenues;

4. processing is necessary to prosecute criminal or administrative offences, to carry out or enforce punishment or measures as referred to in Section 11 (1) no. 8 of the Criminal Code or educational or disciplinary measures as referred to in the Juvenile Court Act or to enforce fines;

5. processing is necessary to prevent serious harm to the rights of another person; or

6. processing is necessary to exercise powers of supervision and monitoring, to conduct audits or organisational analyses of the controller; this shall also apply to processing for training and examination purposes by the controller, as long as it does not conflict with the legitimate interests of the data subject.

1. processing is necessary to prevent threats to state or public security or to prosecute criminal offences; or

2. processing is necessary for the establishment, exercise or defence of legal claims, unless the data subject has an overriding interest in not having the data processed.

(1) The transfer of personal data by public bodies to public bodies shall be permitted if it is necessary for the transferring body or the third party to whom the data are transferred to perform their duties and the conditions are met which would permit processing pursuant to Section 23. The third party to whom the data are transferred shall process the transferred data only for the purpose for which they were transferred. Processing for other purposes shall be permitted only if the conditions of Section 23 are met.

1. transfer is necessary for the transferring body to perform its duties and the conditions are met which would permit processing pursuant to Section 23;

3. processing is necessary for the establishment, exercise or defence of legal claims;

(1) Personal data of employees may be processed for employment-related purposes where necessary for hiring decisions or, after hiring, for carrying out or terminating the employment contract or to exercise or satisfy rights and obligations of employees’ representation laid down by law or by collective agreements or other agreements between the employer and staff council. Employees’ personal data may be processed to detect crimes only if there is a documented reason to believe the data subject has committed a crime while employed, the processing of such data is necessary to investigate the crime and is not outweighed by the data subject’s legitimate interest in not processing the data, and in particular the type and extent are not disproportionate to the reason.

(3) By derogation from Article 9 (1) of Regulation (EU) 2016/679, the processing of special categories of personal data as referred to in Article 9 (1) of Regulation (EU) 2016/679 for employment-related purposes shall be permitted if it is necessary to exercise rights or comply with legal obligations derived from labour law, social security and social protection law, and there is no reason to believe that the data subject has an overriding legitimate interest in not processing the data. Subsection 2 shall also apply to consent to the processing of special categories of personal data; consent must explicitly refer to these data. Section 22 (2) shall apply accordingly.

(1) By derogation from Article 9 (1) of Regulation (EU) 2016/679, the processing of special categories of personal data as referred to in Article 9 (1) of Regulation (EU) 2016/679 shall be permitted also without consent for scientific or historical research purposes or statistical purposes, if such processing is necessary for these purposes and the interests of the controller in processing substantially outweigh those of the data subject in not processing the data. The controller shall take appropriate and specific measures to safeguard the interests of the data subject in accordance with Section 22 (2), second sentence.

(2) The rights of data subjects provided in Articles 15, 16, 18 and 21 of Regulation (EU) 2016/679 shall be limited to the extent that these rights are likely to render impossible or seriously impair the achievement of the research or statistical purposes, and such limits are necessary for the fulfilment of the research or statistical purposes. Further, the right of access according to Article 15 of Regulation (EU) 2016/679 shall not apply if the data are necessary for purposes of scientific research and the provision of information would involve disproportionate effort.

(1) By derogation from Article 9 (1) of Regulation (EU) 2016/679, the processing of special categories of personal data as referred to in Article 9 (1) of Regulation (EU) 2016/679 shall be permitted if necessary for archiving purposes in the public interest. The controller shall take appropriate and specific measures to safeguard the interests of the data subject in accordance with Section 22 (2), second sentence.

(4) The rights provided in Article 18 (1) (a), (b) and (d) and in Articles 20 and 21 of Regulation (EU) 2016/679 shall not apply as far as these rights are likely to render impossible or seriously impair the achievement of the archiving purposes in the public interest, and the exceptions are necessary to fulfil those purposes.

2. processing is necessary to prevent substantial harm to the common good or a threat to public security or to safeguard substantial concerns of the common good; or

3. processing is necessary to prosecute crimes or administrative offences, to carry out or enforce punishment or measures as referred to in Section 11 (1) no. 8 of the Criminal Code or educational or disciplinary measures as referred to in the Juvenile Court Act or to enforce fines.

(4) The bodies subject to monitoring and the persons responsible for their management shall provide a supervisory authority on request with the information necessary to perform their tasks. The person required to provide information may refuse to answer those questions which would expose himor herself or a relative as referred to in Section 383 (1) nos. 1 to 3 of the Code of Civil Procedure to the risk of criminal prosecution or proceedings under the Administrative Offences Act. The person required to provide information shall be informed accordingly.

21. accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;

22. kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which they are processed;

(1) The processing of special categories of personal data shall be allowed only where strictly necessary for the performance of the controller’s tasks.

Processing personal data for a purpose other than the one for which they were collected shall be permitted if the other purpose is one of the purposes listed in Section 45, the controller is authorized to process data for this purpose, and processing is necessary and proportionate to this purpose. Processing personal data for another purpose not listed in Section 45 shall be permitted if it is allowed by law.

(4) Consent shall be effective only when based on the data subject’s free decision. When assessing whether consent was freely given, the circumstances in which it was given must be taken into account. The data subject shall be informed of the intended purpose of the processing. If necessary in the individual case or on request, the data subject shall also be informed of the consequences of withholding consent.

5. where necessary, further information, in particular where the personal data were collected without the knowledge of the data subject.

(7) If the data subject is notified pursuant to subsection 6 of the refusal or restriction of access, he or she may exercise his or her right of access also via the Federal Commissioner. The controller shall inform the data subject of this possibility and that, in accordance with Section 60, the data subject may lodge a complaint with the Federal Commissioner or seek a judicial remedy. If the data subject exercises his or her right pursuant to the first sentence, the information shall be provided to the Federal Commissioner at the request of the data subject, unless the responsible supreme federal authority determines in the individual case that doing so would threaten the security of the Federation or a Land. The Federal Commissioner shall at least inform the data subject that all necessary checks have been conducted or that the Federal Commissioner has conducted a review. This notification may include information as to whether violations of data protection law were found. The notification from the Federal Commissioner to the data subject shall not permit any conclusions to be drawn concerning the information held by the controller unless the latter agrees to the provision of more extensive information. The controller may refuse to such provision only as far as and for as long as he or she could dispense with or restrict information pursuant to subsection 4. The Federal Commissioner shall also inform the data subject of his or her right to seek a judicial remedy.

(2) The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without delay where processing such data is unlawful, knowledge of the data is no longer necessary for the performance of tasks, or the data must be erased to comply with a legal obligation.

(4) Where the controller has reasonable doubts concerning the identity of a data subject making the request pursuant to Sections 57 or 58, the controller may request the provision of additional information necessary to confirm the identity of the data subject.

5. makes available to the controller all information necessary, in particular the logs kept in accordance with Section 76, to demonstrate compliance with these obligations;

(1) The controller and the processor, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of the processing as well as the risk of varying likelihood and severity for the legally protected interests of natural persons, shall implement the necessary technical and organisational measures to ensure a level of security appropriate to the risk when processing personal data, in particular as regards the processing of special categories of personal data. In doing so, the controller shall take into account the relevant Technical Guidelines and recommendations from the Federal Office for Information Security.

(5) Where necessary, the controller shall carry out a review to assess whether processing is performed in accordance with the data protection impact assessment.

(2) The controller shall implement appropriate technical and organisational measures to ensure that, by default, only personal data which are necessary for each specific purpose of the processing are processed. That applies to the amount of data collected, the extent of their processing, the period of their storage and their accessibility. In particular, the measures must ensure that by default the data are not made accessible by automated means to an indefinite number of persons.

(1) The controller shall take appropriate measures to ensure that personal data which are inaccurate or no longer up to date are not transmitted or otherwise made available. To that end, the controller shall, as far as possible with reasonable effort, verify the quality of the data before they are transmitted or made available. The controller shall also, as far as possible and reasonable, in all transmissions of personal data include the necessary information to enable the recipient to assess the degree of accuracy, completeness and reliability of the data, and the extent to which they are up to date.

(2) The controller shall erase personal data without delay if their processing is unlawful, they must be erased to comply with a legal obligation, or knowledge of the data is no longer necessary for the controller to perform its tasks.

(3) If personal data which have been transmitted or made available from another European Union Member State are to be transferred pursuant to subsection 1, the competent body of the other Member State must provide prior authorisation of the transfer. Transfers without the prior authorisation shall be permitted only if the transfer is necessary to prevent an immediate and serious threat to the public security of a country or to essential interests of a Member State and the prior authorisation cannot be obtained in time. In the case of the second sentence, the other Member State’s body responsible for giving prior authorisation shall be informed of the transfer without delay.

(1) If in derogation from Section 78 (1) no. 2, no decision pursuant to Article 36 (3) of Directive (EU) 2016/680 or appropriate safeguards as referred to in Section 79 (1) exist, transfers which meet the remaining requirements of Section 78 shall be permitted also if they are necessary

(1) In special individual cases and if all other requirements for data transfers to third countries are met, controllers may transfer personal data directly to recipients in third countries not referred to in Section 78 (1) no. 1 if the transfer is strictly necessary for the performance of their tasks and

3. the controller informs the recipient of the purposes of processing and instructs the recipient that the transferred data may be processed only to the extent necessary for these purposes.

(1) The Federal Commissioner shall provide the supervisory authorities in other European Union Member States with information and mutual assistance as far as necessary to implement and apply Directive (EU) 2016/680 in a consistent manner. Mutual assistance shall cover, in particular, information requests and supervisory measures, such as requests to carry out consultations, inspections and investigations.

(7) The Federal Commissioner’s requests for assistance shall contain all the necessary information, including in particular the purpose of and reasons for the request. Information exchanged shall be used only for the purpose for which it was requested.

(1) The transfer of personal data to a third country, to supranational or intergovernmental bodies or to international organisations in the context of activities outside the scope of Regulation (EU) 2016/679 and Directive (EU) 2016/680 shall be permitted in addition to the cases permitted under Regulation (EU) 2016/679 also if the processing is necessary to perform tasks for urgent reasons of defence or to fulfil supraor intergovernmental obligations of a public body of the Federation in the field of crisis management or conflict prevention or for humanitarian measures. The recipient shall be instructed that the transferred data may be used only for the purpose for which they were transferred.