3030 Auditorium 01/04 - DEKRA Certification

DATA PROTECTION
For further information
please contact:
Klaus-Peter Junk
DEKRA-ITS
Certification Services GmbH
Tel. +49.711.78 61-29 02
klaus-peter.junk@dekra-its.com
BDSG phase-in deadline
to expire!
The phase-in period pursuant to the Federal Data Security Act (BDSG) for
the collection, processing and use of personal data that began on 23 May
2001 is due to end on 23 May 2004. By no later than the end of April
companies should therefore ensure that their procedures comply with the
latest version of the act dated 14 January 2003.
Complete duty of
documentation
It is the legal obligation of every company
to ensure the protection and security of
personal data, particularly if it is electronically
processed. In this respect, the
exacting demands of the Federal Data
Protection Act (BDSG) of 23 May 2001
must be fulfilled, regardless of company
size or industry. The objective of this
legislation is to protect personal rights
whenever data is used by a third party.
One of the basic provisions of the BDSG
requires each company to prepare a
register of the data processing systems
used for personal data. All details of
processes and persons authorised to
access such data must be included in the
register. The register of processes must
be suitably open to examination by any
person requesting access.
The data protection officer advises and
supports the company management in
setting up a data protection and data
security system and monitoring the same.
Important role of the
data protection officer
Companies in which more than four
employees are regularly engaged in the
collection, processing or use of personal
data (personnel department, marketing
or purchasing) must appoint a data
protection officer in writing within one
month. The principal duties of this –
internal or external – data protection
officer are to ensure compliance with
the BDSG and all other data protection
regulations.
Essentially, a person may only be
appointed data protection officer if he
or she has the proven qualifications and
level of reliability needed to perform
the duties related to the position. This
may be a specially trained employee
or an external service provider such
as DEKRA-ITS. The selection process
should be performed with due care.
Failing to comply with BDSG requirements
is punishable by law. Breaches
may be punished by a fine of up to
¤ 250,000.