§ 2 LDSG RP
Scope of Application
(1)This Act shall apply to 1. the authorities, 2. the bodies of the administration of justice, 3. the institutions and other public bodies of the Land, 4. the municipal territorial authorities, 5. other legal persons under public law subject to the supervision of the Land or of the municipal territorial authorities, and 6. the associations of the aforementioned bodies regardless of their legal form (public bodies), insofar as they process personal data. Legal persons and other associations under private law of the public bodies referred to in sentence 1 shall also be deemed to be public bodies, insofar as those public bodies hold the absolute majority of shares or the absolute majority of votes, regardless of the participation of non-public bodies. Where a non-public body performs sovereign tasks of a public body of the Land, it shall be deemed a public body within the meaning of this Act to that extent.
(2)For courts and public prosecution offices as well as for police authorities and regulatory authorities, Part 2 of this Act shall apply only insofar as they process personal data for purposes other than those referred to in Section 26(1); Part 3 of this Act shall apply in all other cases.
(3)The Landtag, its bodies, its members, the parliamentary groups and their administrations and their employees shall not be subject to the provisions of this Act insofar as they process personal data in the exercise of parliamentary tasks. The Landtag shall adopt a Data Protection Code in this regard, taking into account its constitutional position, the General Data Protection Regulation and the principles of this Act.
(4)Insofar as public bodies participate as undertakings in competition, Section 20 and, without prejudice to other legal bases, the provisions of the Federal Data Protection Act (BDSG) for non-public bodies shall apply to them.
(5)Section 26 BDSG and, for the remainder, the provisions of the Federal Data Protection Act on non-public bodies shall apply to public-law credit institutions and public-law insurance undertakings as well as their associations. The tasks of the supervisory authority shall be performed by the State Commissioner for Data Protection and Freedom of Information.
(6)The provisions of this Act shall not apply to the processing of personal data by the Südwestrundfunk (SWR) and the Zweites Deutsches Fernsehen (ZDF). This shall not apply to the supervision of subsidiary undertakings and undertakings in which the SWR or the ZDF does not hold a majority interest, either directly or indirectly, including jointly with other public-law institutions or bodies.
(7)The obligation to maintain statutory confidentiality obligations or professional or special official secrets not based on statutory provisions shall remain unaffected.
(8)The provisions of this Act shall take precedence over those of the Land Administrative Procedure Act insofar as personal data are processed in the course of establishing the facts of a case.
(9)Insofar as special legal provisions on data protection or on procedures of the administration of justice are applicable to personal data, they shall take precedence over the provisions of this Act. zur Einzelansicht § 2 Teil 2 Verarbeitung personenbezogener Daten nach Maßgabe der Datenschutz-Grundverordnung Abschnitt 1 Grundsätze der Verarbeitung personenbezogener Daten