b)
c)
d)
e)
f)
to enable the controller to fulfil a legal obligation,
to protect the vital interests of the data subject,
to perform a task in the public interest,
to exercise official authority, or
to enable the controller or third parties to whom the data are disclosed to protect
a legitimate interest, except where such interest is overridden by the interests of
the data subject.
Section 9 Processing of sensitive personal data
Sensitive personal data (cf. section 2, no.8) may only be processed if the
processing satisfies one of the conditions set out in section 8 and
a)
the data subject consents to the processing,
b)
there is statutory authority for such processing,
c)
the processing is necessary to protect the vital interests of a person, and the data
subject is incapable of giving his or her consent,
d)
the processing relates exclusively to data which the data subject has voluntarily
and manifestly made public,
e)
the processing is necessary for the establishment, exercise or defence of a legal
claim,
f)
the processing is necessary to enable the controller to fulfil his obligations or
exercise his rights in the field of employment law,
g)
the processing is necessary for the purposes of preventive medicine, medical
diagnosis, the provision of care or treatment or the management of health care
services, and where the data are processed by health professionals subject to the
obligation of professional secrecy, or
h)
the processing is necessary for historical, statistical or scientific purposes, and
the public interest in such processing being carried out clearly exceeds the
disadvantages it might entail for the natural person.
Non-profit associations and foundations may process sensitive personal data in
the course of their activities even if such processing does not satisfy one of the
conditions laid down in the first paragraph, litra a-h. Such processing may apply solely
to data relating to members or to persons who, on account of the purposes of the
association or foundation, voluntarily have regular contact with it, and solely to data
which are collected through such contact. The personal data may not be disclosed
without the consent of the data subject.
The Data Inspectorate may decide that sensitive personal data may also be
processed in other cases if this is warranted by important public interests and steps are
taken to protect the interests of the data subject.
Section 10 Register of criminal convictions
A complete register of criminal convictions may only be kept under the control
of official authority.
Section 11 Basic requirements for the processing of personal data
The controller shall ensure that personal data which are processed
a)
are processed only when this is authorized pursuant to sections 8 and 9,
b)
are used only for explicitly stated purposes that are objectively justified by the
activities of the controller,
c)
are not used subsequently for purposes that are incompatible with the original
purpose of the collection, without the consent of the data subject,