(1) The storage, alteration, use, transmission, restriction of processing and erasure of social data by the bodies named in section 35 of the First Book is permissible insofar as the following provisions, or another legal provision in this Code, permit or order it. This also applies to the special categories of personal data within the meaning of Article 9(1) of Regulation (EU) 2016/679. The transmission of biometric, genetic or health data is, in derogation from Article 9(2), letters b), d) to j) of Regulation (EU) 2016/679, permissible only insofar as a statutory power of transmission exists under sections 68 to 77 or under another legal provision in this Code. Section 22(2) of the Federal Data Protection Act applies correspondingly.
(2) As proof, within the meaning of Article 7(1) of Regulation (EU) 2016/679, that the person concerned has consented to the processing of his or her personal data, the consent should be given in writing or electronically. Consent to the processing of genetic, biometric or health data, or of trade or business secrets, must be given in writing or electronically, unless another form is appropriate because of special circumstances. Where the consent of the person concerned is obtained, that person must be informed of the purpose of the intended processing, of the consequences of refusing consent, and of the possibility of withdrawing consent at any time under Article 7(3) of Regulation (EU) 2016/679.
(3) Consent to the processing of personal data for research purposes may be given for a particular project, or for particular areas of scientific research. In the field of scientific research, a special circumstance within the meaning of subsection (2), second sentence also exists where obtaining written or electronic consent would materially impair the research purpose. In that case the reasons from which the material impairment of the research purpose arises must be recorded in writing.
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Part 2 · Protection of Social Data › Chapter 2 · Processing of Social Data › Section 67b
Storage, alteration, use, transmission, restriction of processing and erasure of social data
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