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The thus-created profiles must be identified by a pseudonym, and the identity of the user may not be revealed. Other data, particularly content data, fall under the consent requirements of sections 28 through 30 of the FDPA, if they are collected by online service providers.
In their current form, these provisions were introduced through the 2009 reform of the FDPA, and their complexity is legendary. Generally, they allow certain commercial uses of data, including “list-making” and “scoring,” albeit under numerous safeguards.
Consent may be given electronically, provided the data controller ensures that the user of the service declares his consent knowingly and unambiguously, the consent is being recorded, the user may view his consent declaration at any time, and the user may revoke consent at any time with effect for the future. These principles live up to section 4a of the FDPA, which requires consent to be based on the voluntary decision of the data subject. Many statutory exceptions allow for the use of data without consent, for various business-related purposes (see below, Personal Data).
From these, the Federal Constitutional Court (FCC) crafted the right of informational self-determination that permits the processing of personal data only if authorized by statue or by consent of the data subject.
In 2008, the FCC expanded these principles by articulating a constitutional guarantee of the confidentiality and integrity of IT systems.
Of these, only the private sector rules (FDAP §§ 27–38a) and the general provisions (§§ 1–11) apply to telemedia service providers.
Germany transposed the e-privacy Directive (Directive 2002/58) primarily through the Telecommunications Act. Germany had transposed the EU Data Retention Directive in sections 113a and 113b of the Telecommunications Act, but the Federal Constitutional Court voided these provisions as unconstitutional, and German politicians have since then been unable to agree on how to reword these provisions, while the EU Commission initiated proceedings against Germany’s tardiness. Germany transposed Directive 2009/136 only in part through amendments to the Telecommunications Act. In particular, Parliament could not reach an agreement on the transposition of the all-important “cookie provision” (see below, section VI). Like the United States, Germany became aware in the late 1960’s of the need to protect the privacy of individuals against the data collection capabilities of electronic data processing. In 1970, the German State of Hesse enacted the first Data Protection Act and several German states shortly followed this example. In 1977, Germany enacted the first Data Protection Act at the federal level. German data protection developed a new dimension in 1983, with the of the German Federal Constitutional Court (FCC). In this decision, the Court held that the individual has a constitutional right to “informational self-determination.” The decision prohibits the handling of personal data unless specific statutory authorization is given or the data subject consents (see below, section IV).
There is, however, a strong feeling that the complexity of the German legislation is detrimental to its effectiveness. In addition to the Federal Data Protection Act, the German states (Länder) have dataprotection acts. These, however, are not very relevant to online privacy, because they regulate the public sector of the states, whereas the regulation of private sector activity is governed primarily by federal law. Some of the states have explicit data protection guarantees in their constitutions, yet these also are of little consequence for online data protection. Back to Top The privacy provisions of the FDPA address data controllers, that is entities that process (in German parlance, collect, process, and use) personal data. The controllers are required to register with the pertinent state authority,  and this also applies to telemedia service providers. Registration is required in particular for controllers who transfer data to others or conduct market research. They must always register even though other controllers can avoid registration if they appoint an internal data protection official. Telemedia service providers may collect and use personal data only to the extent that the law specifically permits or the data subject has given his consent. Moreover, to the extent that the law permits the collection of data for specified purposes, these data may not be used for other purposes, unless the data subject has consented to other uses. The law recognizes two types of special purpose data: contract data () (see below, Personal Data). For all other types of personal data, particularly content data, consent is required in accordance with sections 28 through 30 of the FDPA, a set of stringent provision, particularly with respect to advertisements (see below, Personal Data).
According to section 13 of the TMA, the controller must inform the user of the extent and purpose of the processing of personal data, for any consent to be valid.Some German experts find that this complexity interferes with the requirement of transparency in that it keeps consumers from being aware of their rights and from exercising them.In keeping with the Directives, Germany generally prohibits the collection and use of personal data unless the law specifically permits this or the data subject has given his or her informed consent.The German Federal Data Protection Act has separate provisions for data processing in the public and private sectors.In addition, Germany has special privacy provisions for electronic information and communication services (telemedia) and yet another set of privacy rules for the providers of services that transmit electronic signals.If the provider intends to use an automated process that will allow the identification of the user, then this information has to be provided when data collection commences, and the user must at any time have access to this instruction.Tags: Adult Dating, affair dating, sex dating