§ 1 HDSIG
Scope of Application
(1)This Act shall apply to the processing of personal data by public bodies of the Land, the municipalities and counties.
(2)Other legal provisions on data protection shall take precedence over the provisions of this Act, subject to para. 3. If they do not regulate, or do not exhaustively regulate, a matter to which this Act applies, the provisions of this Act shall apply. The obligation to maintain statutory duties of confidentiality or professional or special official secrets not based on statutory provisions shall remain unaffected.
(3)The provisions of this Act shall take precedence over those of the Hessian Administrative Procedure Act insofar as personal data are processed in the course of establishing the facts of a case.
(4)The provisions of this Act, with the exception of § 28, shall not apply insofar as the Hessischer Rundfunk processes personal data for journalistic purposes.
(5)The provisions of this Act shall not apply insofar as European Union law, in particular Regulation (EU) No 2016/679 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 and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ EU No L 119 p. 1, No L 314 p. 72) in its respectively applicable version, is directly applicable.
(6)For processing operations for the purposes referred to in Art. 2 of Regulation (EU) No 2016/679, the Contracting States of the Agreement on the European Economic Area and Switzerland shall be equivalent to the Member States of the European Union. Other states shall be considered third countries in this regard.
(7)For processing operations for the purposes referred to in Art. 1 para. 1 of Directive (EU) No 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 EU No L 119 p. 89), the states associated with the implementation, application and development of the Schengen acquis shall be equivalent to the Member States of the European Union. Other states shall be considered third countries in this regard.
(8)For the processing of personal data by public bodies in the context of activities that do not fall within the scope of application of Regulation (EU) No 2016/679 and Directive (EU) No 2016/680, Regulation (EU) No 2016/679 as well as the First and Second Parts shall apply mutatis mutandis, unless otherwise provided by law.
(9)The provisions of this Act shall not apply to anonymous information or anonymised data. zur Einzelansicht § 1