Broadcasting data protection officer

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Broadcasting data protection officers are the responsible data protection supervisory authorities according to Art. 51 EU-GDPR (formerly: control bodies according to Art. 28 Directive 95/46 / EG ) for the public broadcasters in Germany. To a large extent outside the public eye, they all now publish an activity report, which according to Art. 59 EU-GDPR has to be done annually in the future.

Data protection control structure

When it comes to data protection controls in Germany, a distinction must be made between two levels:

On the one hand there are the sovereign data protection institutions (supervisory authorities according to Art. 51 EU-GDPR). These are, for example, the state data protection officers , the federal data protection officers or the church data protection officers . This also includes, as sectoral supervisory authorities (cf. § 18 BDSGneu), the data protection officers of the public broadcasters .

On the other hand, so-called non-public, i.e. private-sector bodies, but mostly also public bodies and authorities, have to appoint a “company and official data protection officer” for internal monitoring. This results from Art. 37 EU GDPR (as well as the supplementary regulations in the new BDSG).

Reason for the order

The institution of the Broadcasting Data Protection Commissioner was created by the state legislators due to the distance from the state and the special constitutional position of the public broadcasters. This also corresponds to the requirements of European law, since Art. 85 EU-GDPR calls for exceptions, and according to the legal opinion of the ECJ in the Lindqvist ruling, the balance between the fundamental rights to freedom of expression and data protection is a national task.

tasks

The respective specific tasks and the scope of the control competencies of the broadcasting data protection officers are regulated differently by state law. For the SWR, the regulations in § 27 LDSG BW (Act of June 12, 2018, Journal of Laws of 2018, pp. 173, 183) apply to the SWR via § 39 SWR State Treaty. As in Baden-Württemberg , the overwhelming number of state legislators have implemented the constitutional and European law requirements. For the HR, RBB and RB, however, there is the unjustified peculiarity that the state data protection officers can influence the broadcasting corporations as state external control bodies, in particular in the existential and constitutionally particularly sensitive and protected area of broadcasting financing for broadcasters . The 21st Amendment to Interstate Broadcasting Treaty has meanwhile also unified the material regulations on the media privilege in Section 9c of the Interstate Broadcasting Treaty (see Journal of Laws of 2018, p. 129 ff.).

literature

  • Beck'scher Commentary on Broadcasting Law , 3rd edition 2012, Beck-Verlag ISBN 9783406609374
  • Bergmann / Möhrle / Herb: Commentary on data protection law , in particular BDSG, Boorberg-Verlag. Stuttgart: Status: 54th delivery February 2018. ISBN 3-415-00616-6 .
  • Flechsig (Ed.), Commentary on the SWR State Treaty , 1st edition 1997, Nomos-Verlag, Baden-Baden ISBN 3-7890-5102-0
  • Knothe / Potthast, The Miracle of Mainz - Broadcasting as Shaped Freedom , Nomos-Verlag, 2009, ISBN 978-3-8329-4458-2 .

Individual evidence

  1. ↑ no. 90 in the judgment of 6. Normber 2003, case C-101/01 (Lindqvist / Sweden), ZUM-RD 2004, 107 = MMR 2004, 95 ff. = CR 2004, 286 = DUD 2004, 244.
  2. ↑ For criticism, especially the references in Naujock's Beck´schen Commentary on Broadcasting Law, 2nd edition 2008, in RN 15 to § 8 RGebStV and Bergmann / Möhrle / Herb, Commentary on data protection law (status: 38th edition Jan. 2009 ), RN 9 u. 43 to § 42 BDSG and Schaffland / Wiltfang, RN 4 to § 42 BDSG.

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