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» Economics » Data protection law » Topics begins with F » Federal law over the protection of personal data


Page modified: Friday, June 23, 2006 20:32:33
Base data
Shortened title:Datnenschutzgesetz 2000
Abbreviation:DSG 2000
Kind:Federal law
Area of application:Austria
Right subject:Data protection law
Date of the law:
The entry into force to:
1) Please you consider the reference to the valid law version!

The Federal law over the protection of personal data (DSG 2000) regulates the protection of personal data in Austria. As such are considered about E-Mail address, date of birth or telephone number. These or similar data may not be passed on without previous agreement of the concerning. Also the Austrian data protection committee was created with this law.

Definitions ("§4 DSG)

  • Personal data are personal data, whose identity certainly or at least assignable are.
e.g. name, Sports association-NR., addresses
  • Only indirectly personal are not data with which a conclusion on the person permit.
  • Sensitive data are data like rassische or ethical origin, political opinion, trade union or religion, health or Sexualleben of the person concerned.
  • Agreement is the declaration of intention of the person concerned for the concrete use of the data. This can be delivered in writing, verbally or also conclusively (no formal requirement).

Spatial range of application

The regulations are to be used in Austria. Beyond that on the use of data abroad, so far in other member states of the European union for purposes in Austria lain of a main or a branch of a client ("§3 DSG),

Public - private data

As per "§1 everyone has requirement on secrecy of personal data. A public availability of these data excludes this requirement however. In the public range (courts, offices etc.) however a certain obligation to information exists (see legal assistance, execution assistance).

Sensitive data

Data security

The safeguards against unauthorized passing on or pick out

Obligation to secrecy

Data processing register

- > DVR NR.

The individual rights

Quite on secrecy

Quite on information

According to "§26 DSG the client has to give information concerned over the data converted to its person. The information has the finished data, the available information about its origin, possible receivers or receiver circles of transmissions to state the purpose of the data use as well as the legal bases in generally understandable form. Upon the requests of the concerning are also names and address of Dienstleistern admit to give, if they are assigned the processing of its data. The enterprise has to follow an information desiring in writing within 8 weeks or justify, why it is given not or not completely. Here one can download a sample of the chamber for employees' welfare.

Quite on rectification or deletion

According to "§27 each client must correct or delete data if:

  1. to it the incorrectness of data or the inadmissibility of its processing admits became, or
  2. on justified request of the concerning

Within eight weeks after a-long of a request for rectification or deletion it is to be corresponded to the request and be made for the concerning of it report or justified in writing why the required deletion or rectification is not made.

Compensation

!! "§33 DSG - > compensation

Use within the family framework

- > private purposes - "§45

Statistic data acquisitions

Address listings

- > passing on to third

Punishments with Gewinnabsicht

- > "§51

  • Until 1 year imprisonment!

Evasion of safeguards

If not anyway punishable - >bis 18,890 EUR punishment.

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