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HDSIG — Table of Contents

§ 41 HDSIG

Definitions

(1)For the purposes of the Third Part 1. personal data means any information relating to an identified or identifiable natural person (data subject); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person; 2. processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment, combination, restriction, erasure or destruction; 3. restriction of processing means the marking of stored personal data with the aim of limiting their processing in the future; 4. profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements; 5. pseudonymisation means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person; 6. filing system means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis; 7. competent authority means
a)a public authority competent for the tasks referred to in § 40, or
b)any other public authority or body which has been entrusted by law with the exercise of public authority and public powers for the fulfilment of the tasks referred to in § 40; 8. controller means the competent authority which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union law or by the law of the Member States, the controller or the specific criteria for its nomination may be provided for by Union law or by the law of the Member States; 9. processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller; 10. recipient means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not; however, authorities which may receive personal data in the framework of a particular inquiry in accordance with the law of the Member States shall not be regarded as recipients; the processing of those data by those authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing; 11. personal data breach means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed; 12. genetic data means personal data relating to the inherited or acquired genetic characteristics of a natural person which give unique information about the physiology or the health of that natural person and which result, in particular, from an analysis of a biological sample of the natural person in question; 13. biometric data means personal data resulting from specific technical processing relating to the physical, physiological or behavioural characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images or dactyloscopic data; 14. data concerning health means personal data related to the physical or mental health of a natural person, including the provision of health care services, which reveal information about his or her health status; 15. special categories of personal data means
a)data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership,
b)genetic data,
c)biometric data for the purpose of uniquely identifying a natural person,
d)data concerning health, and
e)data concerning a natural person's sex life or sexual orientation; 16. supervisory authority means an independent public authority which is established by a Member State pursuant to Art. 41 of Directive (EU) No 2016/680; 17. international organisation means an organisation and its subordinate bodies governed by public international law, or any other body which is set up by, or on the basis of, an agreement between two or more countries; 18. consent means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her. zur Einzelansicht § 41
Source:
https://www.rv.hessenrecht.hessen.de/bshe/document/jlr-DSIFGHErahmen
Citation:
GVBl. HE I 2018 S. 82
As of:
2024-01-01
Retrieved:
2026-02-28