(1) Transmission of social data is permissible insofar as it is required 1. to conduct a) a court proceeding or an enforcement proceeding concerning a statutory or contractual maintenance claim or a substitute claim that has taken its place, or b) a proceeding on the equalisation of pension rights under section 220 of the Act on the Procedure in Family Matters and in Matters of Non-Contentious Jurisdiction; or 2. to assert a) a statutory or contractual maintenance claim outside a proceeding under no. 1, letter a), insofar as the person concerned is obliged to give information under the provisions of civil law, in particular under section 1605, or under section 1361(4), fourth sentence, section 1580, second sentence, section 1615a or section 1615l(3), first sentence in conjunction with section 1605 of the Civil Code; or b) an equalisation claim within the framework of the equalisation of pension rights outside a proceeding under no. 1, letter b), insofar as the person concerned is obliged to give information under section 4(1) of the Act on the Equalisation of Pension Rights; or 3. to apply the opening clause of section 22, no. 1, third sentence, letter a), double letter bb), second sentence of the Income Tax Act to a pension expectancy transferred, in the equalisation of pension rights, to the person entitled to equalisation, insofar as the person obliged to equalisation is obliged to give information under section 22, no. 1, third sentence, letter a), double letter bb), second sentence of the Income Tax Act in conjunction with section 4(1) of the Act on the Equalisation of Pension Rights. In the cases of the first sentence, nos. 2 and 3, transmission is permissible only where the person obliged to give information has, after being reminded with reference to the power of transmission of the bodies named in section 35 of the First Book contained in this Book, not fulfilled, or not fully fulfilled, that duty within a reasonable period. These bodies may transmit the address of the person obliged to give information for the purpose of the reminder.
(2) Transmission of social data by the providers of statutory pension insurance and by the providers of basic security for jobseekers is also permissible insofar as it is required for the performance of the functions incumbent on the Central Authority under section 5 of the Act on the Recovery of Maintenance Abroad (section 4 of that Act), and to achieve the purposes named in sections 16 and 17 of that Act.
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Part 2 · Protection of Social Data › Chapter 2 · Processing of Social Data › Section 74
Transmission on breach of the duty to pay maintenance and on the equalisation of pension rights
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