§ 2 LDSG SH
Scope of application
(1)This Act shall apply to the processing of personal data by public bodies of the Land of Schleswig-Holstein. Public bodies within the meaning of this Act shall be authorities and other public bodies of the entities of public administration referred to in the Land Administrative Act.
(2)For the authorities of the public prosecution service and for the Land Court of Audit, Sections 1 and 2 of this Act shall apply only insofar as they perform administrative tasks. For the courts, Section 2 Sub-section 4 shall not apply with regard to their judicial activities. The Land Court of Audit shall furthermore adopt a data protection regulation taking into account its constitutional status as well as the principles of Regulation (EU) 2016/679 and this Act.
(3)The Land Parliament, its committees, its members, the parliamentary groups and their employees as well as the Land Parliament administration shall not be subject to the provisions of this Act insofar as they process personal data in the exercise of parliamentary duties. The Land Parliament shall in this regard adopt a data protection regulation taking into account its constitutional status as well as the principles of Regulation (EU) 2016/679 and this Act.
(4)This Act shall not apply insofar as public bodies pursuant to paragraph 1 participate in competition and process personal data for economic purposes or objectives. In this regard, the provisions of the Federal Data Protection Act applicable to non-public bodies shall apply.
(5)Public bodies of the Land which, as public-law undertakings, participate in competition shall be deemed to be non-public bodies.
(6)Where the processing of personal data does not fall within the scope of application of Regulation (EU) 2016/679 or Directive (EU) 2016/680, the provisions of Regulation (EU) 2016/679 shall apply mutatis mutandis, unless this Act or other specific legal provisions contain derogating provisions.
(7)In the performance of the tasks pursuant to § 1 of the Land Constitutional Protection Act of 23 March 1991 (GVOBl. Schl.-H. p. 203), last amended by Act of 21 June 2013 (GVOBl. Schl.-H. p. 254), subject to the Land Constitutional Protection Act: 1. The provisions of Regulation (EU) 2016/679 and § 4(2) to (4), §§ 8 to 11, § 14, and Section 3 of this Act shall not apply, 2. §§ 5 to 7, 16(2), §§ 42, 46, 51(1) to (4) and §§ 52 to 54, 62, 64 and 83 of the Federal Data Protection Act shall apply mutatis mutandis. zur Einzelansicht § 2 Section 2 Implementation provisions for processing for the purposes referred to in Article 2 of Regulation (EU) 2016/679 Sub-section 1 Principles of the processing of personal data