Art. 28 BayDSG
Scope of Application of this Chapter
(1)Unless otherwise specified, the provisions of this Chapter shall apply to the processing of personal data by
(2)the police,
(3)the criminal courts and the public prosecution offices,
(4)the enforcement of sentences and prison authorities,
(5)the authorities for the execution of measures of correction and prevention
(6)for the purpose of the prevention, investigation, detection, prosecution or sanctioning of criminal offences or administrative offences, including the protection against and the prevention of threats to public safety. The provisions of this Chapter shall also apply to other authorities within the meaning of Art. 1 para. 1 sentence 1, insofar as they process personal data to prosecute or sanction criminal offences or administrative offences.
(7)Without prejudice to other legal provisions, the following shall apply, by derogation from Art. 2, to processing pursuant to para. 1:
(8)from Chapter I GDPR on general provisions, Art. 4 GDPR,
(9)from Chapter II GDPR on principles, Art. 5, 6 para. 1 sentence 1 letters a and e, Art. 7 and 11 para. 1 GDPR,
(10)from Chapter IV GDPR on controllers and processors, Art. 24 paras. 1 and 2, Art. 25 paras. 1 and 2, Art. 28 paras. 1 to 4, 9 and 10, Art. 29, 31, 34, 36 para. 4, Art. 37 paras. 1 and 3 to 7, Art. 38 and 39 GDPR,
(11)from Chapter VI GDPR on independent supervisory authorities, Art. 51 to 54, 55 paras. 1 and 3 and Art. 59 GDPR,
(12)from Chapter VII GDPR on cooperation and consistency, Art. 61 paras. 1 to 7 and 9 GDPR, and
(13)from Chapter VIII GDPR on remedies, liability and penalties, Art. 77, 78 paras. 1 to 3 GDPR.
(14)In addition, from Chapter II GDPR on principles, Art. 9 paras. 1 and 2, from Chapter IV GDPR on controllers and processors, Art. 26, 30, 32 and 33 GDPR, and from Chapter VI GDPR on independent supervisory authorities, Art. 57 and 58 GDPR shall apply in accordance with the following provisions of this Chapter.
(15)Without prejudice to other legal provisions, the following shall not apply to processing pursuant to para. 1:
(16)from Chapter 2 on principles of processing, Art. 6 paras. 2 to 4, Art. 7 and 8 para. 1,
(17)Chapter 3 on rights of the data subject,
(18)from Chapter 4 on controllers and processors, Art. 14 para. 1 no. 1 and para. 2,
(19)from Chapter 5 on independent supervisory authorities, Art. 18,
(20)from Chapter 6 on sanctions, Art. 22, and
(21)from Part 3 on freedom of expression and information, Art. 38.