§ 2 ThürDSG
Scope of application
(1)This Act shall apply to the processing of personal data by the authorities, courts and other public bodies of the Land, the municipalities and municipal associations, and other legal persons governed by public law subject to the supervision of the Land (public bodies). Where the supervised body is not subject to the sole supervision of the Land, the provisions of this Act shall apply only insofar as this is expressly provided for. Section 25 shall also apply to non-public bodies.
(2)Legal persons and other associations governed by private law that perform tasks of public administration and in which one or more of the legal persons governed by public law referred to in paragraph 1 hold a stake shall also be deemed public bodies. Where a legal person or other association governed by private law to which this Act applies pursuant to sentence 1 holds a stake in a further association governed by private law, sentence 1 shall apply accordingly. Where non-public bodies perform sovereign tasks of public administration, they shall be public bodies within the meaning of this Act to that extent.
(3)Insofar as special legal provisions on data protection are applicable to personal data, they shall take precedence over the provisions of this Act. Where these legal provisions do not regulate, or do not conclusively regulate, a matter, the provisions of this Act shall apply. The obligation to maintain statutory duties of confidentiality or professional secrets not based on statutory provisions shall remain unaffected.
(4)Where the processing of personal data does not fall within the scope of application of Regulation (EU) 2016/679 or the provisions adopted in transposition of Directive (EU) 2016/680, the provisions of Regulation (EU) 2016/679 shall apply accordingly, unless this Act or the respective specialist legislation contains derogating provisions. Sentence 1 shall also apply, with the exception of Articles 30, 35 and 36 of Regulation (EU) 2016/679, to the non-automated processing of personal data that are not stored or intended to be stored in a filing system.
(5)The provisions of this Act shall take precedence over those of the Thuringian Administrative Procedure Act insofar as personal data are processed in the ascertainment of facts.
(6)The provisions of this Act shall apply to the Landtag only insofar as it acts in administrative matters. Administrative matters of the Landtag shall in particular be 1. the economic affairs of the Landtag pursuant to Article 57(4), sentence 1, of the Constitution of the Free State of Thuringia, 2. the personnel administration of the Landtag, 3. the exercise of domiciliary rights and police authority pursuant to Article 57(3), sentence 2, of the Constitution of the Free State of Thuringia, and 4. the implementation of statutes insofar as these are assigned to the President of the Landtag. The processing of personal data in the exercise of parliamentary tasks by the Landtag and in the parliamentary activities of the members, including the parliamentary groups, shall not be subject to the provisions of this Act. The Landtag shall adopt a data protection regulation appropriate to its constitutional status in this regard.
(7)The Land government may use personal data collected for other purposes to answer parliamentary questions and to submit documents and reports within the framework of the Rules of Procedure of the Thuringian Landtag to the extent necessary for this purpose. This shall not apply where the transmission of the data would be unreasonable for the data subjects due to the strictly personal character of the data. Special statutory prohibitions on transmission shall remain unaffected.
(8)Personal data transmitted by the Land government may not be included in Landtag printed papers or otherwise made generally accessible. This shall not apply where there are no indications that the legitimate interests of the data subjects would be impaired.
(9)For the Court of Auditors, the provisions on the supervisory authority, the data protection officer and the keeping of records pursuant to Article 30 of Regulation (EU) 2016/679 shall apply only insofar as it acts in administrative matters. For the courts, sentence 1 shall apply accordingly with the proviso that Section 50 shall also not apply to processing activities related to participation in criminal prosecution, the prosecution of administrative offences and enforcement.
(10)For the processing of personal data regulated within the scope of application of Section 31, the provisions of the First, Third and Fourth Sections shall apply to the public prosecution authorities; otherwise, the provisions of the First, Second and Fourth Sections shall apply. zur Einzelansicht § 2 Second Sub-Section Supervisory Authority