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Necessary processing
Section 16
Sensitive personal data may be processed if the processing is necessary in order that
a) the controller of personal data should be able to comply with his/her duties or exercise
his/her rights within employment law,
b) the vital interests of the registered person or some other person should be able to be
protected and the registered person cannot provide his/her consent, or
c) legal claims should be able to be established, exercised or defended.
Information that is processed on the basis of the first paragraph a) may be disclosed to a third
party only if there is within employment law an obligation for the controller of personal data to
do so or the registered person has explicitly consented to the provision.
Non-profit organisations
Section 17
Non-profit organisations with political, philosophical, religious or trade union objects may
within the framework of their operations process sensitive personal data concerning the
members of the organisation and such other persons who by reason of the objects of the
organisation have regular contact with it. However, sensitive personal data may be provided to
a third party only if the registered person explicitly consents to it.
Health and hospital care
Section 18
Sensitive personal data may be processed for health and hospital care purposes, provided the
processing is necessary for
a) preventive medicine and health care,
b) medical diagnosis,
c) health care or treatment, or
d) management of health and hospital care services.
A person who is professionally operational within the health care sector and is subject to a
duty of confidentiality may also process sensitive personal data that is subject to the duty of
confidentiality. This also applies to the person who is subject to a similar duty of
confidentiality and who has received sensitive personal data from the operation within the
health care sector.
Research and statistics
Section 19
Sensitive personal data may be processed for research and statistics purposes, provided the
processing is necessary in the manner stated in Section 10 and provided the interest of society
in the research or statistics project within which the processing is included is manifestly