Art. 1 BayDSG
Scope of Application of the Act
(1)This Act shall apply to the authorities and other public bodies of the Free State of Bavaria, the municipalities, municipal associations and other legal persons under public law subject to the supervision of the Free State of Bavaria. This Act shall apply to the Landtag only insofar as it acts in administrative matters. Part 2 Chapter 5 shall apply to the Supreme Audit Office and the courts only insofar as they act in administrative matters. Art. 38 shall also apply to non-public bodies, insofar as the processing is not carried out exclusively for personal or family activities.
(2)Public bodies shall also include associations under private law that perform tasks of public administration and in which — regardless of the participation of non-public bodies — one or more of the legal persons under public law referred to in para. 1 sentence 1 are directly or through such an association involved. Public-law financial services undertakings and their associations and federations shall be deemed to be non-public bodies.
(3)Insofar as public bodies participate in competition as undertakings, the provisions for non-public bodies shall apply to them, their associations and federations. The competence of the State Commissioner for Data Protection (State Commissioner) pursuant to Art. 15 shall remain unaffected.
(4)Insofar as non-public bodies perform sovereign tasks of public administration, the provisions for public bodies shall apply to them.
(5)Insofar as specific legal provisions on data protection or on procedures of the administration of justice are applicable to personal data, they shall take precedence over the provisions of this Act.
(6)The provisions of this Act shall not apply to the processing of personal data for the exercise of the right of pardon.