Dsg Amendment To 2014

Original Language Title: DSG-Novelle 2014

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Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_83/BGBLA_2013_I_83.html

83. Federal law, with the data protection Act 2000 is changed (DSG Novella 2014)

The National Council has decided:

Article 1

Modification of the data protection Act 2000

The Federal law on the protection of personal data (Data Protection Act 2000 - DSG 2000), Federal Law Gazette I no. 165/1999, as last amended by Federal Law Gazette I no. 57/2013, is amended as follows:

1. in the table of contents is the entry for section 2:



"article 2



Jurisdiction"2. In the table of contents entries to sections 30 and 31 are:



"article 30



Supervisory powers of the data protection authority



Article 31



Complaint to the data protection authority"3. In the table of contents entries to sections 35 to 40 are:



"§ 35



Data protection authorities and privacy Council



section 36



Establishment of the data protection authority



section 37



Organization and independence of data protection authorities



section 38



Decisions of the data protection authority



section 39



Proceedings before the Federal Administrative Court



section 40



Review in the Administrative Court"4 (constitutional provision) in section 2, paragraph 2 the term"Data protection Commission"is replaced by the term 'Data protection authority'.

5. in article 10, par. 2, article 12, para. 4, § 13 ABS. 1, 2 Z 2, para 3, 4 and 6, § 16 para 1, § 17 para 1, § 18 para 2, § 19 para 1 Nos. 6 and para 2, § 20 para 2 and 5 Z 2, article 21, paragraph 1 Z 3, § 22 para. 2 and 4, § 22a para 1, 3 to 5, § 23 para 2 , Section 26 para 2, 5 and 7, § 27 para 5 and 7, article 30, paragraph 1, 2, 2a, 4 to 6a, section 31, paragraph 1, 2, 5, 6 and 8, § 31a 1-para.3, § 32 para 5 to 7, § 34 paragraph 3 and 4, § 46 para 2 Nos. 3 and para 3, § 47 para. 3 and 4, § 48a para 2, § 50 para 1 and 2 , § 50 para 2, § 50c para 1, § 52 para 2 subpara 2 and 3 and para 5, § 54 paragraph 2 and article 61 paragraph 8 as well as in the heading to § 30 and § 31 the term 'Data protection Commission' by the term 'Data protection authority' each replaced.

6 the following paragraph 4 is added to § in 5:

"(4) against organisations that are set up according to private law is not in enforcement of laws are working, the fundamental right to privacy with the exception of the right to information on the civil way to claim it. In all other cases, the data protection authority for a decision is responsible, unless that acts in the service of legislation or jurisdiction are affected."

7. in article 22, para. 3 of the parenthetical expression (§ 38) by the parenthetical expression "(§ 57 des Allgemeinen Verwaltungsverfahrensgesetzes 1991 – AVG, BGBl. Nr. 51/1991) is" replaced.

8 § 31a paragraph 4 reads:

"(4) refers a client of public sector complaint for violation of rights of access, rectification or deletion right to the data protection authority to § 26 para 5 or 27 para 5, so has to maintain these protected public interests in their process to review the need for secrecy. She comes to the conclusion that the non-disclosure of data processed to the stakeholders was not justified, is the disclosure of the information by a decision to apply. No appeal has been filed and is not complied with the notification of the data protection agency within eight weeks, the data protection authority has to make the disclosure of the information to the stakeholders themselves and to give him the required information or to inform him what data have been already corrected or deleted. The first two sentences shall apply in proceedings according to § 30 mutatis mutandis."

9. the heading to § 35 is as follows:

"Data protection authorities and privacy Council"

10 paragraph 35 paragraph 1:

"(1) to maintain data protection, the data protection authority and the data protection Council are called according to the detailed provisions of this Federal Act - without prejudice to the competence of the Federal Chancellor and the ordinary courts -."

11. (constitutional provision) § 35 paragraph 2 reads:

"(2) (constitutional provision) that does data protection agency her powers including to the article 19 B-VG designated Supreme organs of execution from."

12 § § 36-40 and headings are:

"The establishment of the data protection authority

Section 36 (1) the data protection Inspectorate is a leader. This is appointed by the Federal President on a proposal from the Federal Government for a period of five years; the re-appointment is permissible. The proposal has an invitation to tender for general application to go ahead. The call is to get by the Federal Chancellor. The function of the head of the data protection authority is to advertise on the website "Career public service" at the Federal Chancellery. The tender is to be published in the "Amtsblatt zur Wiener Zeitung" in addition.

(2) the head of the data protection agency has completed the study of law, or the law and political science studies 1, personal and technical suitability by a corresponding educational background and relevant experience in the data protection authority to besorgenden Affairs to exhibit 2 to have to have 3 excellent knowledge of the Austrian data protection law, to dispose of Union law and of fundamental rights and 4. at least five years of legal experience.

(3) to the head of the data protection agency may not be ordered: 1 members of the Federal Government, Secretaries of State, members of the National Council, the Federal Council or else a general representative body or of the European Parliament, also people lawyers of members of a land Government and the President of the Court of Auditors, 2 persons, one of which 1 mentioned functions within the last two years have exercised in the Z, and 3. persons who are excluded from eligibility to the National Council.

(4) the head of the data protection authority may exercise any activity for the duration of his duties, which could cause doubts about the independent performance of his duties or the suspicion of a bias or prevented him from fulfilling his official duties or endanger essential official interests. He is obliged without delay to bring activities he has in addition to his work as head of the data protection agency, the Federal Chancellor.

(5) the function of the head of the data protection authority ends through time, death, sacrifice or loss of eligibility for the National Council.

(6) at the end of the function of the head of the data protection authority of para 1 to 3 is a new manager in accordance with immediately to order.

(7) of the Federal President, a Deputy of head of the data protection authority in accordance with is appointed on a proposal of the Federal Government of para 1 to 3. Paragraph 4 to 6 shall apply mutatis mutandis for the Deputy of head of the data protection authority. In his absence, he represents the head of the data protection agency.

Organization and independence of data protection authorities

Section 37 (1) the head of the data protection agency is independent and bound by any instructions in the performance of his duties.

(2) the data protection authority is a service and personnel authorities. The necessary material and human resources must be ensured in the Federal Finance Act. The staff of the data protection authority are subject to only the directives of the head of the data protection authority. The head of the data protection agency exercises the service prerogative over the staff of the data protection authority.

(3) the Chancellor may inform the head of the data protection authority about the objects of the Management Board. By the head of the data protection authority only to the extent is to comply with, as this not the complete independence of the supervisory authority within the meaning of article 28 para 1 UAbs. 2 of Directive 95/46/EC on the protection of natural persons in the processing of personal data and on the free movement of data, OJ No. L 281 of 23.11.1995 is contrary to S. 31.

(4) the data protection Inspectorate is prior to enactment of federal laws that directly affect the essential issues of data protection, as well as regulations of the Federal Government, which will be issued on the basis of this federal law or directly affect other essential issues of data protection, to listen to.

(5) the data protection Inspectorate has to prepare a report on its activities in the preceding calendar year to 31 March of each year, to present the Federal Chancellor, and to publish in a suitable manner. The report is to present the National Council and the Federal Council of the Federal Chancellor.

(6) decisions of the data protection authority of fundamental importance for the general public are to publish by the data protection authority in compliance with the requirements of official secrecy in an appropriate manner.

Decisions of the data protection authority

38. (1) the principal of the public sector are party in proceedings before the data protection authority.

(2) notices, submissions or assignment of data to foreign countries were approved with them pursuant to article 13, be cancelled whenever the legal or factual prerequisites for granting the authorisation, in particular as the result of a promulgation of the Federal Chancellor, issued pursuant to article 55 no longer apply.

(3) the parties referred to in paragraph 1 may levy appeal to the Federal Administrative Court.

Proceedings before the Federal Administrative Court

39. (1) decide the federal administrative court procedure on appeals against administrative decisions, as well as infringement of the obligation of decision in matters pertaining to this Federal Act by Senate.


(2) the Senate consists of a Chairperson and per a specialized magistrates from the circle of employers and from the circle of employees. The competent magistrates are ordered on a proposal from the Chamber of Commerce of Austria and the Austrian Federal Chamber of labour. Precautions to take are that in a timely manner is a sufficient number of qualified lawyer available.

(3) the competent magistrates must have at least 5 years relevant professional experience and special knowledge of data protection law.

(4) the Chairman has to submit all relevant decision documents the competent magistrates immediately or, if this is impracticable or absolutely necessary to preserve the confidentiality of documents to provide.

Review in the Administrative Court

§ Can raise 40. revision to the Administrative Court also parties in accordance with article 38, paragraph 1."

13 § 41 para 2 Z 4a is eliminated.

14 § 41 para 2 No. 1 is: "1. the data protection Council can consider questions of fundamental importance for the privacy consulting and to create opinion or Commission;"

15 paragraph 44 paragraph 6:

"(6) the head of the data protection agency shall be entitled to participate in the meetings of the data protection Council or its working committees. A voting rights not available to him."

16 paragraph 44 paragraph 8:

"(8) the members of the data protection Council, the head of the data protection agency and the experts arrived to the meeting referred to in paragraph 2 are obliged them to secrecy about all exclusively from their activities in the data protection Council known facts if the secrecy in the public interest or in the interest of a party is required."

17 the following paragraph 7 is added to section the 60:

"(7) the table of contents, section 5 para 4, § 10 par. 2, article 12 par. 4, § 13 ABS. 1, 2 Z 2, para 3, 4 and 6, § 16 para 1, § 17 para 1, § 18 para 2, § 19 para 1 Nos. 6 and para 2, § 20 para 2 and 5 Z 2, article 21, paragraph 1 Z 3, § 22 para 2 to 4, § 22a para 1, 3 to 5" , § 23 para 2, § 26 para 2, 5 and 7, § 27 para 5 and 7, the heading to section 30, section 30, paragraph 1, 2, 2a, 4 to 6a, the heading to § 31, article 31, paragraph 1, 2, 5, 6 and 8, § 31a, § 32 para 5 to 7, § 34 paragraph 3 and 4, the heading to section 35, article 35, paragraph 1, articles 36-40 along with headings , § 41 para 2 Nos. 1, § 44 par. 6 and 8, § 46 para 2 Nos. 3 and para 3, § 47 para. 3 and 4, § 48a para 2, § 50 para 1 and 2, § 50 para 2, § 50c para 1, § 52 para 2 Nos. 2 and 3 and para 5, § 54 para 2 and § 61 para 8 to 10 in the version of Federal Law Gazette I no. 83/2013 with 1 January 2014 into force. At the same time appear § 41 para 2 Z 4a and the DSK compensation regulation, Federal Law Gazette II No. 145/2006, override. The necessary for the appointment of the head of the data protection Commissioner and his Deputy organizational and personnel measures already I no. 83/2013 before entry into force of the Federal Law Gazette."

18 (constitutional provision) the section 60 the following paragraph 8 is added:

"(8) (constitutional provision) I will take no. 83/2013 § 2 2 and § 35 par. 2 in the version of Federal Law Gazette 1 January 2014 effect."

19. the section 61 be attached following paragraph 9 and 10:

"Is the data protection authority in the Office of the data protection Commission (9) at the end of 31 December 2013. At the time of entry into force of the Federal Act Federal Law Gazette I are no. 83 / 2013 with the data protection Commission pending cases continue in accordance with the provisions of this Federal Act in the version of Federal Law Gazette No. I 83/2013 by the data protection authority in to. Out of the data protection Commission considered appropriate procedures of the data protection authority. The provisions of the Verwaltungsgerichtsbarkeits transition Act, Federal Law Gazette I no. 33/2013, remain unaffected. After completion of the proceedings before the Administrative Court regarding the decision or the omission of the data protection Commission or before the Constitutional Court regarding the decision of the data protection Commission is the procedure from the data protection authority to continue.

(10) the data protection Commission officials be made over I no. 83/2013 as officials of the data protection authority with entry into force of the Federal law."

Article 2

Adjustment provisions

(1) where reference is made in federal laws on the term 'Data protection Commission', the term 'Data protection authority' is no. with entry into force of the Federal law. I 83/2013 in its place. This does not apply to the use of the term in final and transitional provisions as well as in Germany and Außerkrafttretensbestimmungen.

(2) this article shall enter into force 1 January 2014.

Fischer

Faymann