Collection and transmission of social data for the furnishing of proof

(1) Where an administrative procedure is conducted electronically, the collection of social data is permissible where, at the choice of the person concerned, 1. the body requesting proof retrieves the respective proof from the body supplying proof in automated fashion, provided the proof required in each case is available electronically and can be retrieved in automated fashion without delay; or 2. the person concerned submits the respective proof electronically. Proof means documents and data of every kind, independent of the medium used, that are suited to ascertaining the facts. The body requesting proof may be the authority competent for the decision, or another public body competent to obtain proof and forward it to the authority competent for the decision. The body supplying proof is the public body competent to issue the proof.
(2) Where the person concerned has opted for automated retrieval of proof, the body requesting proof may retrieve the proof relating to the person concerned from the body supplying proof, and the body supplying proof may transmit the proof to the body requesting it, where 1. this is required for the performance of the function of the body requesting proof; and 2. the body requesting proof would also be entitled to collect the proof from the person concerned under other legal provisions. The other public body named in subsection (1), third sentence, second alternative may transmit the proof to the body competent for the decision. Data transmissions between public bodies under this subsection must be logged by the respective bodies in a manner that technically supports control of the permissibility of data retrievals. The duty under the third sentence applies from the day following the day on which the Federal Ministry of the Interior and for Community announces in the Federal Gazette that the technical and legal conditions exist for data transmissions under this subsection to be shown in the data protection cockpit under section 10 of the Online Access Act. Section 9(2) and (3) of the Identification Number Act applies correspondingly from that point in time.
(3) Where the proof is to be retrieved from a register listed in the annex to the Identification Number Act, the body requesting proof may transmit the identification number under section 1 of the Identification Number Act to the body supplying proof, for the attribution of the records of the person concerned and for retrieving the proof. The proof-retrieval request may additionally contain further data within the meaning of section 4(2) and (3) of the Identification Number Act, as a rule the date of birth, for validating the attribution. For this purpose, the body supplying proof may process these data.
(4) Before the authority competent for the decision may use the retrieved proof, the person concerned has, in the case of subsection (1), first sentence, no. 1, the opportunity to inspect the proof beforehand. The person concerned may decide whether the proof is to be used for the administrative procedure.
(5) Responsibility for the permissibility of the collection and retrieval of proof under subsection (1), first sentence, no. 1 is borne by the body requesting proof.