§ 26 HmbDSG
Criminal offence provision
(1)Any person who, for remuneration or with the intention of enriching himself or herself or another person, or of causing damage to another person, unlawfully processes personal data that are not publicly known within the meaning of Article 4, number 2, of Regulation (EU) 2016/679, or causes such data to be transmitted to himself or herself or to another person by pretending false facts, shall be punished with imprisonment for a term not exceeding two years or with a fine.
(2)The attempt shall be punishable.
(3)The offence shall only be prosecuted upon application. The data subject, the controller and the Hamburg Commissioner for Data Protection and Freedom of Information shall be entitled to file an application.
(4)Paragraphs 1 to 3 shall only apply insofar as the act is not punishable under other provisions. zur Einzelansicht § 26