§ 36 DSG NRW
Definitions
(1)The following terms shall have the following meanings:
(2)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,
(3)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,
(4)3. 'restriction of processing' means the marking of stored personal data with the aim of limiting their processing in the future,
(5)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,
(6)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,
(7)6. 'anonymisation' means the modification of personal data in such a manner that individual details about personal or factual circumstances can no longer be attributed, or can only be attributed with a disproportionate expenditure of time, cost and labour, to an identified or identifiable natural person,
(8)7. 'filing system' means any structured set of personal data which are accessible according to specific criteria, irrespective of whether this set is maintained centrally, in a decentralised manner, or is organised on a functional or geographical basis,
(9)8. 'competent authority'
(10)
a)a public authority competent for the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public safety or public order, or
(11)b) any other body or entity which has been assigned by national law to exercise public authority and public powers for the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public safety or public order,
(12)9. 'controller' means the competent authority which, alone or jointly with others, determines the purposes and means of the processing of personal data,
(13)10. 'processor' means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller,
(14)11. 'recipient' means a natural or legal person, public authority, agency or other body to which the personal data are disclosed, whether a third party or not; however, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or other law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing,
(15)12. 'personal data breach' means a breach of security leading to the accidental or unlawful destruction, loss, alteration, or unauthorised disclosure of, or access to, personal data that have been processed,
(16)13. '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, in particular those resulting from an analysis of a biological sample of the natural person in question,
(17)14. '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, in particular facial images or dactyloscopic data,
(18)15. 'health data' 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,
(19)16. 'supervisory authority' means the State Commissioner for Data Protection and Freedom of Information pursuant to Section 60 of this Act,
(20)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 states,
(21)18. 'special categories of personal data'
(22)
a)data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership,
(23)b) genetic data,
(24)c) biometric data for the purpose of uniquely identifying a natural person,
(25)d) health data, and
(26)e) data concerning a natural person's sex life or sexual orientation,
(27)19. '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,
(28)20. 'public bodies' means the authorities, organs of the administration of justice and other bodies organised under public law of a Land, a municipality, a municipal association or other legal persons governed by public law subject to the supervision of the Land, as well as their associations regardless of their legal form.
(29)Principles