Data Protection in the Social Field
The forthcoming General Data Protection Regulation also results in adaptations with regard to the protection of social data. On May 25, 2018, an amended Code of Social Law will therefore come into effect simultaneously with the General Data Protection Regulation. Above all, the Code of Social Law (SGB) X is affected. Many of the adaptations are editorial changes that have become necessary, but the content has also been amended.
AMENDMENTS OF SOCIAL CODE SGB X
In particular the duties to inform, rights of access to, rectification or erasure of personal data of the respective data subjects, as well as their right to lodge a complaint, are adapted to the requirements of the General Data Protection Regulation in the new version of the SGB X. Overall however, the regulatory systematics of the law are retained to a major extent.
PROCESSING OF SOCIAL DATA BY A PROCESSOR
Among other things, the content amendments concern the processing of social data by order - i.e. the equivalent of order data processing. At present, this is possible if "disruptions to the client's operating procedures could otherwise occur". Under the second possibility, the use of private computing centers is only possible if the "predominant share" of the stored data inventory remains with the official authority (Section 80 SGB X).
Public bodies must adapt to the new data protection requirements created by the General Data Protection Regulation. They should therefore familiarize themselves with the new rules in the SGB, and check whether their processes are compatible with the new standards.
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