§ 85 Processing of personal data in the context of activities outside the scope of Regulation (EU) 2016/679 and Directive (EU) 2016/680

  1. The transfer of personal data to a third country, to supranational or intergovernmental bodies or to international organizations in the context of activities outside the scope of Regulation (EU) 2016/679 and Directive (EU) 2016/680 shall be permitted in addition to the cases permitted under Regulation (EU) 2016/679 also if the processing is necessary to perform tasks for urgent reasons of defence or to fulfil supra- or intergovernmental obligations of a public body of the Federation in the field of crisis management or conflict prevention or for humanitarian measures. The recipient shall be instructed that the transferred data may be used only for the purpose for which they were transferred.
  2. Section 16 (4) shall not apply to processing in the context of activities outside the scope of Regulation (EU) 2016/679 and Directive (EU) 2016/680 by workplaces within the remit of the Federal Ministry of Defence if the Federal Ministry of Defence determines in the individual case that meeting the obligations referred to in that provision would endanger the security of the Federation.
  3. Processing by public bodies of the Federation in the context of activities outside the scope of Regulation (EU) 2016/679 and Directive (EU) 2016/680 shall not be subject to the obligation to provide information in accordance with Article 13 (1) and (2) of Regulation (EU) 2016/679
    1. in the cases referred to in Section 32 (1) nos. 1 to 3, or
    2. if meeting this obligation would disclose information which by law or by its nature must be kept secret, in particular because of legitimate interests of a third party which outweigh the interests of the data subject in obtaining the information.

If the data subject is not to be informed in the cases of the first sentence, no right of access shall apply. Sections 32 (2) and 33 (2) shall not apply.

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)