§ 8 Establishment

  1. The Federal Commissioner for Data Protection and Freedom of Information (Federal Commissioner) shall be a supreme federal authority. It is located in Bonn.
  2. Civil servants of the Federal Commissioner shall be federal civil servants.
  3. The Federal Commissioner may delegate human resources administration and management tasks to other federal bodies as long as doing so does not affect the Federal Commissioner’s independence. Personal data of staff members may be transmitted to these bodies as needed for them to perform their delegated tasks.

Content of the FDPA (new)

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

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