§ 72 Distinction between different categories of data subjects

When processing personal data, the controller shall, as far as possible, make a clear distinction between different categories of data subjects. This applies in particular to the following categories:

  1. persons with regard to whom there are serious grounds for believing that they have committed a criminal offence;
  2. persons with regard to whom there are serious grounds for believing that they are about to commit a criminal offence;
  3. persons convicted of a criminal offence;
  4. victims of a criminal offence or persons with regard to whom certain facts indicate that they could be the victim of a criminal offence; and
  5. other persons, such as witnesses, persons who can provide information, or contacts or associates of the persons referred to in nos. 1 to 4.

Content of the FDPA (new)

Part 1 – Common provisions (§§ 1 - 21)

Part 2 – Implementing provisions for processing for purposes in accordance with Article 2 of Regulation (EU) 2016/679 (§§ 22-44)

Chapter 1 – Legal basis for processing personal data
Sub-chapter 1 – Processing of special categories of personal data and processing for other purposes

Sub-chapter 2 – Special processing situations

Chapter 2 – Rights of the data subject

Chapter 3 – Obligations of controllers and processors

Chapter 4 – Supervisory authorities for data processing by private bodies

Chapter 5 – Penalties

Chapter 6 – Legal remedies

Part 3 – Implementing provisions for processing for purposes in accordance with Article 1 (1) of Directive (EU) 2016/680 (§§ 45-84)

Chapter 1 – Scope, definitions and general principles for processing personal data

Chapter 2 – Legal basis for processing personal data

Chapter 3 – Rights of the data subject

Chapter 4 – Obligations of controllers and processors

Chapter 6 – Cooperation among supervisory authorities

Chapter 7 – Liability and penalties

Part 4 – Special provisions for processing in the context of activities outside the scope of Regulation (EU) 2016/679 und Directive (EU) 2016/680 (§ 85)