§ 26 DSG LSA
Provisions for data processing
(1)in the employment context pursuant to Article 88 of Regulation (EU) 2016/679
(2)The provisions of civil service law on the management of personnel files pursuant to Section 50 of the Civil Service Status Act and Sections 84 to 91 of the Land Civil Service Act shall apply mutatis mutandis to all employees and trainees of a public body who do not hold civil servant status, unless otherwise regulated by collective agreement.
(3)Where determinations regarding the suitability of an applicant for a service or employment relationship are made through medical or psychological examinations or tests, the employing authority may, as a rule, request from the examining physician or psychologist only the result of the fitness examination and findings on factors that may impair health-related suitability. It may request further personal data only where it has informed the applicant in writing beforehand of the reasons for doing so.
(4)The following shall apply mutatis mutandis: 1. for direct and indirect civil servants of the Land as well as for judges of the Land, the provisions applicable to employees, 2. for applicants for a public-law service relationship or persons whose public-law service relationship has ended, the provisions applicable to applicants for an employment relationship or persons whose employment relationship has ended, and 3. for the Land, the municipalities, combined municipalities, districts and other corporations, institutions and state foundations governed by public law subject to the supervision of the Land that possess the capacity to employ civil servants, the provisions of the Genetic Diagnostics Act of 31 July 2009 (BGBl. I p. 2529, 3672), last amended by Article 2(1) of the Act of 4 November 2016 (BGBl. I p. 2460, 2461), applicable to employers. zur Einzelansicht § 26