§ 22 HDSIG
Data Transfers by Public Bodies
(1)The transfer of personal data by public bodies to public bodies shall be permissible where it is necessary for the performance of the tasks within the competence of the transferring body or of the third party to whom the data are transferred, and the conditions that would permit processing under § 21 are met. The third party to whom the data are transferred may only process them for the purpose for which they were transferred. Processing for other purposes shall be permissible under the conditions of § 21.
(2)The transfer of personal data by public bodies to non-public bodies shall be permissible where 1. it is necessary for the performance of the tasks within the competence of the transferring body and the conditions that would permit processing under § 21 are met, 2. the third party to whom the data are transferred credibly demonstrates a legitimate interest in knowledge of the data to be transferred and the data subject has no legitimate interest in the exclusion of the transfer, or 3. it is necessary for the establishment, exercise or defence of legal claims. Processing for other purposes shall be permissible where a transfer under sentence 1 would be permissible and the transferring body has consented.
(3)The transfer of special categories of personal data within the meaning of Art. 9 para. 1 of Regulation (EU) No 2016/679 shall be permissible where the conditions of para. 1 or 2 and an exception under Art. 9 para. 2 of Regulation (EU) No 2016/679 or under § 20 para. 1 are met.
(4)The transferring body shall be responsible for the permissibility of the transfer. Where the transfer is necessary for the performance of tasks of a recipient referred to in § 2 para. 1 and 3, that recipient shall also be responsible therefor and shall ensure that the necessity can be subsequently verified. In this case, the transferring body shall verify the competence of the recipient and the plausibility of the request. If there are doubts in the individual case as to the plausibility, it shall furthermore verify the necessity. The recipient shall provide the transferring body with the information required for its review. zur Einzelansicht § 22 Zweiter Titel Besondere Verarbeitungssituationen