§ 2 DSG LSA
Scope of application
(1)This Act shall apply to the processing of personal data by public bodies. Section 25 shall also apply to the processing of personal data by non-public bodies, unless the processing is carried out by natural persons for exclusively personal or family activities.
(2)Public bodies within the meaning of this Act shall be the authorities, organs of the administration of justice and other institutions and bodies organised under public law of the Land, the municipalities, the combined municipalities, the districts and other legal persons governed by public law subject to the supervision of the Land, as well as their associations, regardless of their legal form. Where a non-public body performs sovereign tasks of the public administration, it shall to that extent be a public body within the meaning of this Act.
(3)The provisions of this Act shall not apply insofar as the law of the European Union, in particular Regulation (EU) 2016/679, is directly applicable.
(4)Insofar as the activities of public bodies fall within the scope of application of Directive (EU) 2016/680, this Act shall apply only insofar as provisions for the transposition of Directive (EU) 2016/680 are established pursuant to Section 1(2).
(5)Insofar as other legal provisions of the Federation or of the Land are applicable to the processing of personal data, they shall take precedence over the provisions of this Act. Where they do not, or do not exhaustively, regulate a matter to which this Act applies, the provisions of this Act shall apply. The obligation to observe statutory duties of confidentiality or professional or special official secrets not based on statutory provisions shall apply.
(6)The provisions of this Act shall take precedence over those of the Administrative Procedure Act for the Land of Sachsen-Anhalt insofar as personal data are processed in the investigation of the facts.
(7)The following restrictions shall apply in the application of this Act: 1. Insofar as public bodies participate as public-law undertakings in competition, Sections 17 to 20, 23, 24 and 26 shall apply to them and their associations. In all other respects, the provisions of the Federal Data Protection Act applicable to non-public bodies for the implementation of Regulation (EU) 2016/679 shall apply, with the exception of Sections 5 to 16 and 38 of the Federal Data Protection Act. 2. For public-law credit institutions and public-law insurance companies, as well as their associations, Section 26 shall apply. In all other respects, the provisions of the Federal Data Protection Act applicable to non-public bodies for the implementation of Regulation (EU) 2016/679 shall apply instead of this Act. 3. For organs of the administration of justice, this Act shall apply only insofar as they are engaged in administrative activities. 4. For the Land Court of Audit, this Act shall apply only insofar as it performs administrative activities. zur Einzelansicht § 2