Authorities have duty to provide information in the transfer of personal data

Administrative authorities must not communicate to each other for processing personal data, without informing the affected persons about. The The European Court (ECJ) mit Urteil vom 1. October 2015 decided (Yeah: C-201-14).

"The ECJ emphasized, that requirement, to process personal data in good faith, committed an administrative authority, to inform the person concerned thereof, that their data are transferred to another administrative authority for processing ", says Lawyer Michael Horak aus Hanover,

Specifically, several Romanian self-employed had complained. The Romanian tax authorities had the information on their income to the National Fund of the health insurance companies passed without the applicants to inform. The result: The health insurance companies demanded payment arrears Insurance contributions. According to the applicants have to send their data to the Data Protection Directive 95/46 offend. The Directive states, inter alia, privacy, that the data collected for explicit and legitimate purposes are collected and not be passed on in one with this purpose incompatible ways.

The ECJ not only fixed, that the applicants on the job of transmitting the data should have been informed. It would also need to be notified, for what purpose this was done, and what data it were. Limitations with this information requirement could be made only through appropriate legislation. That applies to the Romanian law, that the disclosure of personal data or to the health insurance, not the case, since it defines neither the information nor the modalities transmission enabled.

The ECJ stated, that the transfer of personal data between two authorities without the persons concerned to put thereof, contrary to the European law.

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