EKD data protection act
| Basic data | |
|---|---|
| Title: | Church law on data protection of the Evangelical Church in Germany |
| Short title: | EKD data protection act |
| Abbreviation: | DSG-EKD |
| Type: | Church law |
| Scope: | EKD , Gliedkirchen, Diakonie |
| Legal matter: | Administrative law |
| Original version from: | November 12, 1992 (OJ EKD p. 505) |
| Entry into force on: | January 1, 1993? |
| Last revision from: | November 15, 2017 (OJ EKD p. 353) |
| Entry into force of the new version on: |
May 24, 2018 (§ 56 DSG-EKD) |
| Weblink: | DSG-EKD |
| Please note the note on the applicable legal version. | |
The EKD Data Protection Act is the data protection regulation applicable to the Evangelical Church in Germany .
Due to the church's right to self-determination in Art. 137 Paragraph 3 of the Weimar Constitution in conjunction with Art. 140 of the Basic Law, the churches in Germany can determine their own legal systems for their area. This status is also respected under Union law ( Art. 17 TFEU , Art. 91 of the General Data Protection Regulation ). Special state legal provisions take precedence over the DSG-EKD (until May 24, 2018) only insofar as there are barriers (Art. 137 Paragraph 3 WRV, § 1 Paragraph 6 DSG-EKD). In contrast to the regulation of the Catholic dioceses in Germany (cf. § 1 Para. 3 KDO ), state data protection standards do not apply. As a barrier, the DSG-EKD takes precedence over the criminally regulated confidentiality obligation for certain professional groups of § 203 StGB. On the other hand, the regulations of social data protection or the permission for web tracking ( § 15 Abs. 3 TMG ) have no effect in the area of the EKD.
According to § 39 Asb. 2 DSG-EKD, the Evangelical Church in Germany appoints a data protection officer. The member churches can appoint their own data protection officer in accordance with Section 39 (3) DSG-EKD or delegate this task to the representative of the Evangelical Church in Germany. The data protection officers are not bound by instructions in the exercise of their office and are only subject to church law. Anyone who believes that their rights have been violated by church authorities in the course of the collection, processing or use of their personal data (Section 46 (1) DSG-EKD) can contact the respective data protection officer.
A regulation comparable to the EKD data protection law is the law on ecclesiastical data protection of the Catholic dioceses in Germany.
