State Office for Data Protection Supervision

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Bavarian State Office for Data Protection Supervision
- BayLDA -

State level Free State of Bavaria
Supervisory authority -
founding January 1, 2002
Headquarters Ansbach
Authority management Michael Will , President
Servants 33
Web presence www.lda.bayern.de

The Bavarian State Office for Data Protection Supervision (BayLDA) is an independent state authority of the Free State of Bavaria based in Ansbach . The supervisory authority was founded on January 1st, 2002 as part of the government of Central Franconia and was bound by instructions to the Bavarian State Ministry of the Interior at the time . The change to the Bavarian Data Protection Act, which came into force on August 1, 2011, made the facility free of instructions.

history

In May 1978 the seven Bavarian governments in their respective administrative districts become data protection supervisory authorities for the non-public area. The responsibility for data protection supervision in the non-public area, which existed in all seven district governments in Bavaria until 2002, was transferred centrally to the government of Central Franconia for the Free State of Bavaria with an amendment to the data protection ordinance of December 3, 2001 and implemented there in subject area 205. In order to emphasize the importance of this task and to better express the central responsibility for the Free State of Bavaria, the Bavarian State Government transferred this task to the “State Office for Data Protection Supervision” set up in the government of Middle Franconia. At the same time, the staff of the State Office was strengthened in order to take into account the importance of data protection in the non-public area.

The European Court of Justice ruled on March 9, 2010 (Az. C-518/07) u. a. decided that data protection supervision in the non-public area must also be carried out in "complete independence" - as it was regarded as given for the public area in the federal states by the respective state commissioners for data protection. In implementing the requirement from this ruling, the Bavarian State Parliament amended the Bavarian Data Protection Act and created the legal basis for the Bavarian State Office for Data Protection Supervision as an independent authority headed by a President in Art. 34 and 35 BayDSG with effect from August 1, 2011.

On August 4, 2011, the Bavarian State Minister of the Interior, Joachim Herrmann , appointed the first President, Thomas Kranig , with a term of office of five years. Kranig was confirmed for a further term in August 2016. This term of office ended on January 31, 2020 because Kranigs reached the age limit. Michael Will has been President since February 1, 2020 .

tasks and activities

In Bavaria, the State Office is the data protection supervisory authority for the non-public area, which means it controls

  • private commercial enterprises
  • self-employed, freelance workers
  • private hospitals and homes
  • Associations, parties
  • Private individuals.

The public area, i.e. v. a. the authorities, is controlled by the Bavarian State Commissioner for Data Protection, based in Munich.

The tasks and powers of the supervisory authority for data protection in the non-public area result from Articles 57 and 58 of the General Data Protection Regulation as well as § 40 of the Federal Data Protection Act nF

The main tasks are the processing of complaints and inquiries, on-site controls, advice to data protection officers and companies, processing of data protection breaches, public relations work and cooperation with associations and chambers. The data protection supervisory authority has the right to immediate information from the body subject to the control, a right of access to rooms, the right to examine and inspect and the right to inspect business documents. In the event of data protection violations, various measures can be taken, such as complaints, informing those affected, orders to remedy identified violations, prohibition of proceedings, fine proceedings and criminal complaints, criminal charges.

organization

The organization is divided into the management and four departments:

Head: fundamental questions, public relations, press inquiries

Unit 1: Credit / finance, credit agencies, advertising / customer loyalty, market / opinion research, data protection officer, video surveillance

Unit 2: Healthcare, Insurance, Social Services, Freelance Activities, Data Protection Impact Assessment

Section 3: International data traffic, online services, internet, housing, trade and industry, associations, employee data protection

Unit 4: Cybersecurity, technical data protection, automotive / mobility services, data protection impact assessment, certification, data protection violations

See also

Web links

Footnotes

Coordinates: 49 ° 18 ′ 11 "  N , 10 ° 34 ′ 33"  E