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Data Protection Officer, right to be forgotten, data exportability, ... Can you hint me to one of those German laws which do require one of the above?
by tobltobs 8y ago
Data Protection Officer, right to be forgotten, data exportability, ...
Can you hint me to one of those German laws which do require one of the above?
- skrause 8y agohttps://de.wikipedia.org/wiki/Bundesdatenschutzgesetz https://de.wikipedia.org/wiki/Bundesdatenschutzgesetz It literally translates to "federal data protection law" and has been German law since 1978. In certain conditions it has also mandated a DPO (https://de.wikipedia.org/wiki/Datenschutzbeauftragter https://de.wikipedia.org/wiki/Datenschutzbeauftragter) since then, but in fact the first DPO position in Germany was created in 1971. The right to be forgotten is mandated by article 35 BDSG (https://www.gesetze-im-internet.de/bdsg_1990/__35.html https://www.gesetze-im-internet.de/bdsg_1990/__35.html). The right to a data export is mandated by article 34 BDSG (https://www.gesetze-im-internet.de/bdsg_1990/__34.html https://www.gesetze-im-internet.de/bdsg_1990/__34.html). It has always been common use this law to get a free copy of the data which our credit reporting agencies have about you, I've done that multiple times.
- tobltobs 8y agoThank you for those detailed links. They are kind of eye opening, and I am German. However, it is hard to understand how stuff like GEZ, Schufa and article 35 can exist concurrently in the same country.
- skrause 8y agoSchufa (the biggest consumer credit reporting agency in Germany) and article 35 can certainly co-exist. In fact you can write to Schufa and request that they delete all your data. However, if you do that, good luck ever getting a mortgage, credit card or other post-paid services ever again if all credit report requests come back with the reponse "no data available". So I wouldn't recommend that.
- cesarb 8y ago> However, if you do that, good luck ever getting a mortgage, credit card or other post-paid services ever again if all credit report requests come back with the reponse "no data available". So I wouldn't recommend that. How does that work for people who never had a Schufa history? If for instance I decided to move today from Brazil to Germany, would I be unable to do all these things there, since they would have "no data available" on me?
- tobltobs 8y agoThere are thosuands of horror stories how the Schufa isn't able or willing to correct wrong data. And no data protection agency in Germany did ever brought such a case to a court.