§ 5 LDSG SH
Transmission of personal data
(1)The transmitting body shall be responsible for the lawfulness of the transmission of personal data. The requesting body shall provide the information required for this review.
(2)Where the transmission of personal data takes place at the request of a public body, that body shall bear the responsibility for the lawfulness of the transmission. The transmitting body shall then only be required to examine whether the request for transmission falls within the scope of the tasks of the requesting body. The lawfulness of the request shall only be reviewed where there is a specific reason to do so in the individual case.
(3)Where personal data are transmitted to a non-public body, the transmitting body shall require the recipient to process the data only for the purpose for which they were transmitted.
(4)Even where the conditions of § 4 of this Act are not met, the transmission of personal data to non-public bodies shall be lawful where such bodies credibly demonstrate a legal interest in knowledge of the data to be transmitted and the legitimate interests of the data subject are not adversely affected.
(5)Where the transmission takes place by automated retrieval, the retrieving body shall bear the responsibility for the lawfulness of the retrieval. zur Einzelansicht § 5