Federal data protectionist data usage is ready for order and economic supervision

How is data protection running under black and red? The question also presented the annual report of the Federal Commissioner for Federal Commissioner for Data Protection and Freedom of Information (BFDi) Louisa Specut-Rimensnider in Berlin on Thursday.

The coalition wanted to bind the responsibility for data security in the economy and also declared BFDI as data use officers. She was ready, said Specht-Remenschneider. But in the coalition agreement, she can currently see no intention to expand her proficiency beyond the data protection law aspects for the AI ​​Regulation or Data Act.

Meanwhile, there is no boredom in the authority located in Bonn: 8670 complaints and inquiry are filed. Federal Data Protection Officer report for 2024According to Article 77 General Data Protection Regulation (GDPR), general complaints have increased significantly. According to general inquiries, these are made for the largest group with 3313 entries. In 2024, the authority imposed a fine.

Specht-Remenschneider said she wants to continue to focus on advice, but who does not misunderstand: “Advice only works when we take our jobs as a supervisory authority that implements the data protection law seriously.” This applies to both private actors, where the Supervisory Authority and the Public Authority. “Advice is given only to those who want to follow the authority.”

Debate about responsibilities

Meanwhile, an argument within the district of the Data Protection Officer of Federal and State Governments is emerging in the expansion of the responsibilities intended by Black-Red. Apart from federal officials, BFDi is currently responsible for postal and telecom service providers who were earlier in federal hands. However, in general, the economic responsibility will be expanded at the cost of the legally assigned efficiency of the state representative.

Coalition Agreement: Digital Pact 2.0 should come

Cabber said on the request from part online that the state representative saw a lot of need for data security and freedom of information in Baden-Wurtembourb Tobias Cabber: “This is the wrong way.” “Local and non -indoors can be done only on the site.” Strengthening the data protection conference is correct “especially to achieve a short distance for the Supervisory Authority and a low -tamald offer.”

The Berlin State Data Protection Officer also looks at the doubt to the project to advise and supervise the economy on the site. Berlin State Data Protection Officer Meic Compon said on a request to part, “What are there and what nationwide issues, for example, infrastructural questions, then bundled by a federal authority, should be taken in detail.” “I understand the coalition agreement as an order that a bundling where it makes sense and where not.”

Massari service control: controversy over march

Another political issue is the responsibility for data protection intelligence control. BFDi has so far been to check compliance with data security rules applied to BND, BFV and Mad. In the previous legislative period, however, there were efforts to move this control to the so -called Independent Control Council, which was an authority established as a result of the NSA relationship.

Here she sees the yogas of the coalition agreement with great concern, said Spec-Rimensacherer. “We are the only places that have a overall observation of news services.” To be lost – in addition, only BFDi is an independent position in the sense of European law. Especially now when coalition is planning to intervene with security powers, independent control is mandatory.

Security law is worried

Data protection states that the value of information in information should also be taken into consideration. “Data security is a basic requirement that we do not monitor that we can behave independently.” It may not be the meaning and purpose of a law that a population stopped its behavior regardless of its own concrete concern.

On a three-month storage obligation for an IP address planned by CDU, CSU and SPD, a major discussion appears before starting a specie-remanschnider. With its decision of April 2024, the European Court allowed storage in a very special case of copyright violations. The public discussion on this decision is in the part “nonsense”, said Specht-Remenschneider. “Everything is not possible, IP address storage is a very sensitive area.”

Electronic Patient Files: Thanks to CCC

In the electronic patient file (EPA), which was planned for a comprehensive operation, the Federal Data Protection Officer announced that the insured person could decide on his data in the future. “Decide and decide yourself,” he appealed to the insured person.

Your Supervisory Authority has had to intervene in limited options since changes in the law only in 2023, said the speech-restoration said. “Is the EPA safe, mainly does not assess the Federal Data Protection Officer, but BSI”. He clearly thanked the Caos Computer Club for detecting safety intervals in the electronic patient file.

AI Regulation and Data Security?

BFDI said that AI regulation should ensure that innovation and protection of fundamental rights will be covered. She was satisfied that a complaint scoring was stopped. However, it should be clarified how data protection law and AI law will be on each other. Legal uncertainty is an important aspect of why companies will move away from AI. “Fundamental rights-transparency AI training should also be possible in Europe,” said the speech-rimschider. The Data Protection Act does not struggle with it.

Fortunately, the draft coalition agreement no longer said that the Freedom of Information Act should be abolished, said Specht-Remenschneider. IFG is an essential condition for the legal state. “This is a very important point to ensure the rule of law and faith in democracy,” BFDI insisted.

GDPR improvement

Specht-strap tailors face open demands for partial improvement of general data security regulation. This is a problem if the data protection law was considered as a cookie banner and prolonged data security announcements were considered in public perception. However, the main area of ​​the data protection law should not be touched in a position of potential improvement, BFDI stated that it should be clarified at the beginning of such a discussion.

(VBR)