Data protection foundation
The Data Protection Foundation was established in January 2013 by the Federal Republic of Germany as a foundation under private law. It is non-profit and does not pursue any commercial interests. The foundation was set up to strengthen the self-data protection of citizens through awareness-raising and educational programs.
The tasks of the independent body are to promote the protection of privacy and to raise awareness of the value of privacy and personal information. The aim is to establish a dialogue forum that develops proposals for a practical and effective data policy.
prehistory
The CDU / CSU and FDP had already agreed to set up the foundation in the coalition agreement of 2009 . Due to ongoing discussions about the equipment and the precise tasks of the foundation as well as the composition and competencies of the committees, the establishment was delayed several times; the € 10 million planned in the 2011 federal budget had to be transferred to a trust foundation.
Seat, organs, foundation capital
The non-profit, legal foundation under civil law established by the federal government is based in Leipzig . The bodies of the foundation are the executive board, which oversees the management, and the advisory board. The founding board member is the lawyer Frederick Richter, previously an adviser to the FDP parliamentary group for legal policy and before that an adviser at the Federation of German Industries . The foundation was endowed by the Federal Republic of Germany with endowment assets of ten million euros. According to the resolution proposed by the government coalition to establish the foundation, a maximum of € 200,000 can be withdrawn from the foundation's capital for current expenses; a further grant of € 205 thousand was made in 2013 from the federal budget.
Reactions to the establishment
The majority of the German Bundestag welcomed the establishment of the foundation; Clear criticism was expressed in a counter-motion. This mainly related to the independence of the foundation and its financial resources. The opposition doubted that the statutory tasks could be fulfilled with the planned financial resources.
Data and consumer advocates particularly criticize the composition of the advisory board: of the 34 members, only three should be appointed by the data protection authorities, two by the consumer protection side; 14 seats are provided for representatives of the data-using economy, up to 9 seats for members of the Bundestag. In November 2012, the data protection officers of the federal and state governments declared that they would not take their seats on the advisory board until they were granted more seats in an amended statute. The data protection officers also complained that they are not in the z. Some of the advisory boards, which are bound to secrecy, could collaborate, as they are also responsible for data protection supervision and the like. a. of foundations are responsible. The Stiftung Warentest , the consumer association and the opposition parties joined the boycott. Nevertheless, the data protectionists do not see the project as a final failure. Since spring 2014, the SPD parliamentary group has also been sending representatives to the foundation's advisory board.
In June 2015, the Federal Data Protection Commissioner demanded that the federal government should “rethink the conception and financing of the foundation”.
The grand coalition that emerged from the 2017 Bundestag election stipulated in the coalition agreement (p. 129) that it wanted to promote the work of the Federal Foundation.
activities
The kick-off event for the Foundation's activities in November 2013 was a panel discussion on the subject of “What is privacy worth to us?”. The foundation directed educational efforts to various target groups: private individuals (brochure “Your good rights in data protection”), children (topic special “data protection” in the Internet ABC portal operated by the state media authorities) employees in small and medium-sized companies (brochures on data protection in the corporate Praxis), start-up companies (event "Business model data protection?"). In 2015 the foundation took part in a study on data protection in personnel management.
In the media, the foundation draws attention to people's personal responsibility and possibilities for self-data protection as well as the value of their own data, and comments on technical developments.
The foundation created an overview of the data protection seals and certificates available on the market. It turned out that there are already more than 40 different certification systems for data protection in German-speaking countries. From the Foundation's point of view, this finding underscores the need for standardization in order to meet the requirements of consumers and companies. The foundation is currently insufficiently funded by the federal government to work on the development of a data protection seal.
The foundation dealt with the importance of the General Data Protection Regulation for consumers, business, data protection supervisory authorities and science in a public event in autumn 2015.
Authors such as Peter Schaar and Sabine Leutheusser-Schnarrenberger take a look into the future of data protection in the anthology “Future of informational self-determination”, which the Data Protection Foundation presented in April 2016.
In March 2017, the foundation presented the first comprehensive study on Personal Information Management Services (PIMS). Software solutions such as Personal Information Management Services (PIMS) store and manage personal data and thus create privacy protection tailored to the needs of the user.
The foundation annually awards a journalist prize worth 5000 euros (as of 2018) for balanced reporting on data protection. The first winner in October 2017 was the journalist Adrian Lobe, and in 2018 Laura Cwiertnia was awarded. For the 2017 federal election , the foundation published a brochure that was intended to encourage election campaigners to handle citizens' personal data sensitively and in accordance with the law. In the same year, a brochure on digital ethics was created in cooperation with the D21 initiative .
The foundation examined the new right to data portability in a project that was completed in December 2017. An explanatory film was also created that illustrates the new transmission right for consumers.
As part of the “DatenTag” series of events in January 2018, the leaders of data protection, consumer protection and the advertising industry discussed the status of the legislative process on the ePrivacy Regulation with representatives of the European Parliament.
At the start of the EU General Data Protection Regulation in May 2018, the Federal Foundation set up an information platform that links to all short papers from the data protection supervisory authorities and various other instructions for implementing the new data protection law from chambers and associations.
Since March 2019, the Federal Foundation has also had all activity reports from the data protection authorities available on zaftda.de. These include over 500 activity reports from the German and European data protection authorities since 1971.
Web links
Individual references, comments
- ↑ Zeit online: Stiftung Datenschutz is on the way to becoming a paper tiger, accessed on February 6, 2013
- ↑ Dimitri Immermann: The Data Protection Foundation - A constitutional, foundation and data protection law consideration . Berliner Wissenschafts-Verlag, Berlin 2017, ISBN 978-3-8305-3793-9 , pp. 65 ff .
- ↑ https://www.stiftungdatenschutz.org/ueber-uns/haben
- ↑ a b Deutschlandradio: Dispute over the data protection foundation (comment from January 31, 2013)
- ↑ Application of the governing parties to establish a foundation (PDF; 66 kB)
- ↑ Counter-motion of the opposition to founding a foundation (PDF; 73 kB)
- ↑ Advisory Board of the Foundation, as of January 2015
- ↑ Spiegel online from November 9th, 2012: Waiver of cooperation: Foundation for data protection without data protection
- ↑ Computer picture of December 20, 2012: Foundation for Data Protection: Opportunity or Disaster?
- ↑ https://www.stiftungdatenschutz.org/ueber-uns/beirat
- ↑ German Bundestag - data protection report submitted. In: www.bundestag.de. Retrieved January 8, 2016 .
- ↑ Federal Government | Coalition agreement of March 14, 2018. Accessed July 5, 2018 .
- ↑ Panel discussion “What is privacy worth to us?” November 27, 2013, accessed on December 11, 2013 .
- ↑ Brochure "Your right to data protection". (PDF) Data Protection Foundation, accessed November 30, 2013 .
- ↑ Data protection | Hobby & Leisure | For children | Internet ABC. In: www.internet-abc.de. Retrieved January 8, 2016 .
- ↑ Archived copy ( Memento of the original from January 17, 2016 in the Internet Archive ) 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.
- ↑ Brochures on data protection in operational practice. (PDF) Retrieved April 4, 2015 .
- ↑ Business model data protection? Retrieved October 9, 2015 .
- ↑ HR and data protection, study on data protection in personnel management. (No longer available online.) Archived from the original on April 24, 2017 ; accessed on October 10, 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.
- ↑ Judge: “Everyone should know what he is doing” | Knowledge & Environment | DW.COM | June 14, 2015. In: DW.COM. Retrieved January 8, 2016 .
- ↑ Stiftung Datenschutz warns of what your data is really worth online | Express.de. In: Express.de. Retrieved January 8, 2016 .
- ↑ Canvas Fingerprinting: "It's always a race". In: Deutschlandfunk. Retrieved January 8, 2016 .
- ↑ Overview of the data protection seal of approval . Retrieved November 5, 2014 .
- ↑ Panel discussion: “EU General Data Protection Regulation: Does everything stay different?” Foundation Data Protection, November 5, 2015, accessed on November 10, 2015 .
- ↑ Book Future of Information Self-Determination. Retrieved April 10, 2017 .
- ↑ Foundation Data Protection: Project Consent and Transparency - Foundation Data Protection . ( stiftungdatenschutz.org [accessed April 10, 2017]).
- ↑ https://www.stiftungdatenschutz.org/themen/journalistenpreis/
- ↑ https://www.stiftungdatenschutz.org/themen/datenschutz-im-wahlkampf/
- ↑ Data Protection Foundation: Digital Ethics. Retrieved July 5, 2018 .
- ↑ http://www.privacy-regulation.eu/de/artikel-20-recht-auf-datenuebertragbarkeit-DS-GVO.htm
- ↑ https://www.stiftungdatenschutz.org/themen/datenportabilitaet
- ↑ https://www.stiftungdatenschutz.org/fileadmin/Redaktion/Video/171127_SDS_ErklA__rfilm_Master__DE_Subs_.mp4
- ↑ https://www.datentag.de/
- ↑ “ Reassessing fundamental rights”: The debate about the ePrivacy Regulation remains marked by extremes. Retrieved July 5, 2018 .
- ↑ https://www.stiftungdatenschutz.org/dsgvo-info
- ↑ https://stiftungdatenschutz.org/pressemedia/pressemitteilungen/pressemitteilungen-detailansicht/news/zaftda-stiftung-datenschutz-haelt-ab-sofort-alle-taetigkeitsberichte-der-datenschutzbehoerden-bereit/?no_cache=1&tx_news_pi1%5Bcontroller%5D= News & tx_news_
- ↑ Central archive for activity reports of the federal and state data protection officers as well as the supervisory authorities for data protection - ZAfTDa. Data Protection Foundation, March 19, 2019, accessed on March 25, 2019 (administration of all activity reports from all data protection authorities).
