Data secrecy
The data secrecy is a fundamental principle of data protection law . It serves to protect personal data from misuse by employees in data processing activities.
In Germany , data secrecy is laid down in Section 53 of the Federal Data Protection Act (BDSG). It is a prohibition for employees to collect, process or use personal data without authorization (§ 53 S. 1 BDSG):
Persons involved in data processing may not process personal data without authorization (data secrecy).
The state data protection laws contain largely analogous regulations.
application
The data secrecy of the BDSG is aimed at persons involved in data processing.
Obligation
The BDSG requires employees to be obliged to maintain data secrecy when they start their work (Section 53 p. 1 and 2 BDSG):
Persons involved in data processing [...] are obliged to observe data secrecy when they begin their work.
For later evidence it makes sense to record the declaration of commitment in writing.
In addition to the obligation of employees, an obligation of employees of external companies who carry out external activities for a company or an authority may also be necessary. Furthermore, a general company declaration can be useful to ensure that all employees of external companies are committed to data secrecy.
Under certain circumstances, it may be useful to combine the obligation to maintain data secrecy with an obligation to maintain telecommunications secrecy in accordance with Section 88 of the Telecommunications Act (TKG) and to protect business secrets. In addition, data secrecy can be supplemented by official or professional secrets or confidentiality agreements .
Duration
After the end of the activity, the data secrecy does not end, it continues indefinitely (§ 53 sentence 3 BDSG):
The data secrecy persists even after the termination of your activity.
See also
Individual evidence
- ↑ a b c data secrecy. Sample texts. (No longer available online.) The Federal Commissioner for Data Protection and Freedom of Information, archived from the original on September 24, 2015 ; accessed on September 20, 2015 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
