Criminal provisions

(1) For social data, the criminal provisions of section 42(1) and (2) of the Federal Data Protection Act apply correspondingly.
(2) The offence is prosecuted only on complaint. Entitled to complain are the person concerned, the controller, the Federal Commissioner, or the body competent under Land law for data-protection control.
(3) A report under Article 33 of Regulation (EU) 2016/679, or a notification under Article 34(1) of Regulation (EU) 2016/679, may be used in a criminal proceeding against the person obliged to report or notify, or against one of that person's relatives named in section 52(1) of the Code of Criminal Procedure, only with the consent of the person obliged to report or notify.