§ 2 LDSG BW
Scope of application
(1)This Act shall apply, subject to paragraphs 2 to 7, to the processing of personal data by authorities and other bodies of the Land, municipalities and municipal associations and other legal persons under public law subject to the supervision of the Land (public bodies). The public body shall at the same time be the controller pursuant to Article 4(7) of Regulation (EU) 2016/679, unless this Act provides otherwise. This Act shall not apply to the processing of personal data 1. by the State Office for the Protection of the Constitution in the performance of its tasks pursuant to Section 3 of the State Constitution Protection Act, 2. in the enforcement of the State Security Clearance Act, 3. by the police, as well as the courts, public prosecution offices, the Ministry of Justice and the correctional facilities for the purposes of the prevention, investigation, detection or prosecution of criminal offences and administrative offences or the execution of criminal penalties, including the protection against and the prevention of threats to public security, and 4. by other authorities competent for the prosecution and sanctioning of administrative offences, insofar as specific legal provisions do not contain deviating rules. Section 30 shall also apply to the processing of personal data pursuant to sentence 3.
(2)Legal persons and other associations under private law that perform tasks of public administration and in which one or more of the legal persons under public law referred to in paragraph 1 hold an absolute majority of shares or an absolute majority of votes shall also be deemed public bodies. Where a legal person or other association under private law pursuant to sentence 1 participates in another association under private law, sentence 1 shall apply accordingly. Where non-public bodies perform sovereign tasks of public administration, they shall be deemed public bodies within the meaning of this Act to that extent.
(3)Insofar as specific legal provisions of the Federation or the Land apply to personal data, they shall take precedence over the provisions of this Act. The provisions of this Act shall take precedence over those of the State Administrative Procedure Act insofar as personal data are processed in the investigation of the facts of the case.
(4)Insofar as the processing of personal data takes place in the context of an activity that does not fall within the material scope of application of Regulation (EU) 2016/679 or of Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4 May 2016, p. 89), the provisions of Regulation (EU) 2016/679 and of this Act shall apply accordingly, unless the processing is regulated in specific legal provisions. Articles 30, 35 and 36 of Regulation (EU) 2016/679 shall only apply insofar as the processing of personal data is carried out by automated means or the data are stored or are intended to be stored in a filing system. Articles 30 and Chapter VI of Regulation (EU) 2016/679 as well as Sections 25 and 26 of this Act shall not apply to the auditing activities of the Court of Auditors and the state audit offices.
(5)Without prejudice to paragraph 1, number 3, this Act shall apply to the courts only insofar as they act in administrative matters.
(6)Insofar as public bodies participate in competition as enterprises with their own legal personality, the data protection provisions applicable to non-public bodies shall apply accordingly. Sentence 1 shall not apply to special-purpose associations.
(7)The provisions of this Act shall not apply to the processing of personal data for the exercise of the right of pardon. zur Einzelansicht § 2