Collection of social data

(1) The collection of social data by the bodies named in section 35 of the First Book is permissible where knowledge of the data is required for the collecting body to perform a function under this Code. This also applies to the collection of the special categories of personal data within the meaning of Article 9(1) of Regulation (EU) 2016/679. Section 22(2) of the Federal Data Protection Act applies correspondingly.
(2) Social data must be collected from the person concerned. The decision of the person concerned under section 67f(1), first sentence, no. 1 in conjunction with subsection (4), second sentence, or an explicit request within the scope of application of section 77a, is also deemed collection under the first sentence. They may be collected without that person's cooperation only 1. from the bodies named in section 35 of the First Book or in section 69(2), where a) these are authorised to transmit the data to the collecting body, b) collection from the person concerned would require disproportionate effort, and c) there are no indications that predominant interests of the person concerned worthy of protection would be impaired; 2. from other persons or bodies, where a) a legal provision permits collection from them, or expressly prescribes transmission to the collecting body, or b) aa) the functions under this Code, by their nature, make collection from other persons or bodies necessary, or bb) collection from the person concerned would require disproportionate effort, and there are no indications that predominant interests of the person concerned worthy of protection would be impaired.