Church right

Within the Roman-catholic church exists since that 13. Century with the Beichtgeheimnis a generally recognized and also data security rule respected by the state. The Beichtgeheimnis obligates however only the Seelsorger. In the year 1983 in the Codex Iuris Canonici the prohibition one took up to hurt "„the right of any person to protection of the own privacy "“. This rule applies to all members of the catholic faith.

Apart from these rather generally formulated rules a detailed set of regulations for all Roman-catholic mechanisms in Germany exists with the arrangement over the church data security. The arrangement is contentwise ajar against the Federal Law for Data Protection.

To mechanisms the data protection act of the Evangelist church in Germany applies for the Evangelist church. Just as the arrangement over the kirchenlichen data security exhibits also the EKD data protection act parallel to the Federal Law for Data Protection.

Criticism at the data protection law

The valid data protection law can serve its purpose only imperfectly today. It is based in its fundamental structures on the data security concept of the 1970er years, which orient themselves again at the data processing of the time at that time. This was characterized by the central data storage on large computers, limited storage capacity and a relatively small circle by - usually national - data processors.

The technical development of the last 30 years considered the national data protection law only partially and with substantial delay. Technical innovations, those the data security to impair can - for example Internet, video monitoring, gene test, Biometrie, RFID - are only insufficiently regulated legally not or. In it also numerous law amending could change for nothing.

Besides is considered in particular the German data protection law as. Today even specialists cannot grasp the data protection law no more in their whole. In addition comes in: Offences against data security regulations have usually no consequences, because the persons concerned of an abusive data processing have no knowledge and the national data security authorities not necessary personnel resources to usually have, in order to control the data processors effectively.

Also the German Federal Government under Bundeskanzlerin Angela Merkel sees action need:

Data-security commissioners fear that the announced under the pretext of the bureaucracy dismantling will lead itself to a dismantling of data protection laws.

Literature

• Alexander Rossnagel, Ralf Bernd Abel: Manual data protection law - the new bases for economics and administration. Publishing house C.H. Beck, Munich 2003, ISBN 3406484417
• Hans's H. Wohlgemuth, Gerloff: Data protection law. An introduction with practical cases. Luchterhand, 3. Edition 2005, ISBN 3472026529
• Marie Theres Tinnefeld, Eugen Ehmann, Rainer W. Gerling: Introduction to the data protection law. Data security and uninformativeness in European view. Oldenbourg, 4. Edition 2004, ISBN 3486273035
• Peter Gola, Christoph intelligent: Fundamentals of the data protection law. Publishing house C.H. Beck, 3. Edition, Munich 2003, ISBN 3406501974
• Ulrich Dammann, Spiros Simitis: Data protection law. Nomos, 9. Edition 2005, ISBN 3406501974
• Alessandra DiMartino: Data security in the European right. Nomos, 1. Edition 2005, ISBN 3832912037
• Alexander Rossnagel, Andreas Pfitzmann, Garstka: Modernization of the data protection law. Appraisal on behalf the Federal Ministry of the inside. Berlin 2001. Download
• Lutz Grammann: The new church data protection law. 2004. Download

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