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BayDSG — Table of Contents

Art. 8 BayDSG

Processing of Special Categories of Personal Data (on Art. 9 GDPR)

(1)The processing of data within the meaning of Art. 9 para. 1 GDPR shall also be permissible insofar as it is necessary
(2)for the exercise of rights and obligations arising from the law of social security and social protection,
(3)for the exercise of rights and obligations of public bodies in the field of employment and service law,
(4)for the purposes of preventive healthcare or occupational medicine, for the assessment of the working capacity of employees, for medical diagnostics, the provision of care or treatment in the health or social sector, or for the management of systems and services in the health and social sector, or on the basis of a contract between the data subject and a member of a health profession, where such data are processed by medical staff or by other persons who are subject to an obligation of confidentiality, or under their responsibility,
(5)for reasons of public interest in the field of public health, such as protection against serious cross-border health threats or ensuring high standards of quality and safety in healthcare and in relation to medicinal products and medical devices, or
(6)for the purposes referred to in Art. 6 para. 2 no. 3 letters a to c.
(7)In cases of processing pursuant to sentence 1, Art. 6 para. 1 shall remain unaffected.
(8)In the processing of data within the meaning of Art. 9 para. 1 GDPR, appropriate and specific measures to safeguard the interests of the data subjects shall be provided for. These measures shall be documented in the record pursuant to Art. 30 GDPR.
(9)Art. 26 para. 2 and Art. 27 para. 2 shall remain unaffected.
Source:
https://www.gesetze-bayern.de/Content/Document/BayDSG
Citation:
GVBl. BY 2023 S. 554
As of:
2023-09-26
Retrieved:
2026-02-28