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Section 49

Automated information from the population register

(1) Basic information may also be provided from the population register on data storage media which can be processed using automated means. The data storage media provided to the registration authority or the data transferred to the registration authority are to be returned, deleted or destroyed without delay after the request has been processed.

(2) Basic information may also be provided from the population register via the Internet using automated retrieval. The response to the person or body requesting information is to be sent in encrypted form.

(3) Basic information provided from the population register via the Internet may also be provided via one or more Internet portals. If a portal is not operated under public law, it requires approval by the responsible Land authority. In particular, portals have the task of

1.  registering those requesting information,

2.  receiving requests for information and forwarding them to the registration authority or other portals,

3.  receiving responses and forwarding them to registration authorities or other portals,

4.  ensuring that fees and expenses are paid to the registration authorities and

5.  safeguarding data security.

Subsection (1) sentence 2 applies accordingly.

(4) Information may be provided only if

1.  the person or body requesting information identifies the data subject by family name or a previous family name and at least one given name associated with it, although phonetic searches are permissible in relation to family names and given names, as well as either an address or two other items of data, although the data referred to in subsection (5) nos. 5 and 9 may not be used in tandem and

2.  the identity of the data subject has been unambiguously established using an automated match of the data provided in the request with the data stored in the population register.

(5) The following data may also be used to further describe the data subject under subsection (4) no. 1:

1.  religious name,

2.  stage or pen name,

3.  date of birth,

4.  place of birth, including country for persons not born in Germany,

5.  gender,

6.  family name and given name of legal representative,

7.  date moved to an address,

8.  date moved away from an address,

9.  marital status,

10.  date and place of marriage or registration of life partnership, including, in the case of marriage or registration of a life partnership abroad, the country,

11.  family name and given name of spouse or life partner,

12.  date of death,

13.  place of death, including country for persons who died abroad.

(6) Section 10 (2) and section 40 apply accordingly.

(7) The requesting person or body as referred to in section 44 (1) sentence 1 may, in the event of receiving a neutral response, waive the right to further processing of the request by the registration authority. The obligation to notify the data subject and the body making the request without delay under section 51 (3) remains unaffected.

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