Chapter 5. Data transfer (Federal Act on Registration) German law

Federal Act on Registration. German law

Chapter 5
Data transfer

Sub-chapter 1
Data transfer between public bodies

Section 33
Data transfer between registration authorities

(1) When a person has registered with a registration authority, this authority shall inform the registration authority responsible for the previous place of residence and those responsible for the person’s other residences by sending them the data referred to in Section 3 (1) nos. 1 to 18 of the person in question (response). For persons moving to Germany from abroad, the registration authority responsible for the latest residence in Germany shall be informed as the registration authority responsible for the previous place of residence. The data shall be transmitted without delay and no more than three working days after registration; Section 10 (2), second sentence shall apply accordingly.

(2) The data transmitted shall be processed by the registration authority responsible for the previous place of residence without delay. The registration authority responsible for the previous place of residence shall inform the registration authority responsible for the new place of residence without delay, and no more than three working days after receiving the response, about the facts referred to in Section 3 (2) nos. 1 and 2 (d), nos. 3, 4, 5, 7, 8 and 11, and whether the data referred to in the first sentence differ from the previous data (assessment of the response). If registration authorities in the same Land are involved, Land law may provide for more detailed regulations on the data transfer.

(3) If the data described in Section 3 (1) and (2) nos. 7 and 8 are updated, the registration authorities responsible for any other residences of the person concerned shall be informed without delay if the data are necessary for them to carry out their tasks. If a person required to register on whom data of the persons referred to in Section 3 (1) nos. 9, 15 and 16 are stored outside the responsibility of the registration authority dies or moves away, the registration authority responsible for these persons shall be informed of the update without delay.

(4) If the registration authority notes a block on releasing information pursuant to Section 51 in the population register, or if it lifts such a block, it shall inform the registration authority responsible for the last previous residence or the new residence and the registration authorities responsible for any other residences without delay. These registration authorities shall note the block on releasing information pursuant to Section 51 in the population register without delay and shall delete it when it has been lifted. The first and second sentences shall apply accordingly to conditional blocks on releasing information pursuant to Section 52, with the proviso that such blocks are not lifted.

(5) If any international treaties provide for sharing such information with bodies abroad, the agreements in these treaties shall take precedence over the provisions of subsections 1 to 3.

(6) Data transfers and information between registration authorities shall be free of charge.

Section 34
Data transfer to other public bodies

The registration authority may transmit the following data from the population register to another public body in Germany as referred to in Section 2 (1) to (3) and (4), second sentence, of the Federal Data Protection Act as far as necessary to carry out public tasks for which the registration authority or the recipient is responsible:

1. surname,

2. previous names,

3. given names, indicating name usually used,

4. doctoral degree,

5. religious name, stage or pen name,

6. current and previous addresses, principal and secondary residence; for persons moving to Germany from abroad, also the country and last address in Germany; for persons moving abroad, also the address abroad, including country;

7. date moved in, date moved out, date last moved out of a residence in Germany and date last moved to Germany from abroad,

8. date and place of birth, including country for persons born outside Germany,

9. sex,

10. regarding the legal representative

a) surname,

b) given names,

c) doctoral degree,

d) address,

e) date of birth,

f) date of death,

g) blocks on releasing information pursuant to Section 51 and conditional blocks on releasing information pursuant to Section 52;

11. current nationalities, including data stored pursuant to Section 3 (2) no. 5;

12. marital status including date and place of marriage or registration of partnership including country, if applicable;

13. blocks on releasing information pursuant to Section 51 and conditional blocks on releasing information pursuant to Section 52;

14. date and place of death, including country for persons who died abroad.

In addition to the data listed there, under the conditions of the first sentence the registration authority may also transfer information pursuant to Section 3 (1) no. 17, except for the blocking code and blocking sum of the national identity card, to the authorities described in subsection 4, first sentence.

(2) If data concerning a large number of persons not referred to by name are transferred, only the data referred to in subsection 1, first sentence, may be used to constitute the group of persons.

(3) The transfer of data in addition to those described in subsection 1, first sentence, or the transfer of remarks in the population register referred to in Section 3 (1) or (2) to other public bodies shall be permitted only if the recipient

1. would not be able to carry out its legally assigned task without the data, and

2. the data cannot be obtained from the data subject without unreasonable effort, or the nature of the task for which the data are required means that the data cannot be collected.

(4) If the following authorities request data and remarks pursuant to subsection 3, the registration authority shall not be required to examine whether the conditions of subsection 3 and Section 8 are met:

1. federal and state police authorities,

2. public prosecutor’s offices,

3. public prosecutors at local courts,

4. courts, as far as they carry out tasks of law enforcement, prosecution or execution of sentences;

5. correctional authorities;

6. federal and state domestic intelligence agencies,

7. the Federal Intelligence Service;

8. the Military Counterintelligence Service;

9. the Customs Investigation Service;

10. main customs offices;

11. tax authorities, where they perform law enforcement tasks; and

12. the Federal Office of Justice, where it carries out tasks of enforcement assistance pursuant to Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties (OJ L 76 of 22 March 2005, p. 16), amended by Council Framework Decision 2009/299/JHA (OJ L 81 of 27 March 2009, p. 24), as well as tasks of sharing information from judicial records pursuant to Council Framework Decision 2009/315/JHA of 26 February 2009 on the organization and content of the exchange of information extracted from the criminal record between Member States (OJ L 93 of 7 April 2009, p. 23).

The requesting authority shall record the name and address of the data subject with a note indicating the reason for the transfer. These records shall be retained, secured using technical and organizational means and destroyed at the end of the calendar year following the year in which the record was made. The third sentence shall not apply if the data pursuant to the second sentence have become part of files or databases.

(5) If a block on releasing information pursuant to Section 51 (1) has been entered ex officio at the request of an authority referred to in subsection 4, first sentence, no. 1 and nos. 6 to 9, the data subject and the body that requested the block shall be informed without delay of every request for data concerning the data subject. If, after hearing from the data subject, or, if this person is not available, after hearing from the body that requested the block, a threat pursuant to Section 51 (1) cannot be ruled out, a transfer in these cases shall not be permitted; the requesting body shall receive a notice which shall not permit any conclusions to be drawn as to whether any information on the data subject is available or whether a block on releasing information has been entered. In derogation from the first and second sentences, only the body that requested the block shall be informed of and heard from regarding requests for transfer from a body referred to in subsection 4, first sentence.

(6) Data transfers and information from registration authorities to other public bodies in Germany shall be free of charge. Land law on fees for data transfers from central collections of registration data or web portals at Land level shall remain unaffected.

Section 35
Data transfer abroad

In the context of activities which fully or partly fall within the scope of European Union law, Section 34 (1), first sentence shall apply in accordance with the applicable laws and agreements when data are transferred to

1. public bodies in other member states of the European Union,

2. public bodies in other states parties to the Agreement on the European Economic Area,

3. bodies and institutions of the European Union, or

4. bodies and institutions of the European Atomic Energy Community.

Section 36
Regularly occurring data transfers

(1) Data transfers to other public bodies which are carried out at regular intervals independent of requests (regularly occurring data transfers) shall be permitted as allowed by federal or Land law in which the reason for and purpose of the transfers, recipients and data to be transferred are specified.

(2) Data transfer pursuant to Section 58c (1), first sentence of the Act on the Legal Status of Military Personnel shall be permitted only if the data subject does not object. When registering and no later than October of each year, the data subject shall be informed in accordance with local custom of his or her right to object.

Section 37
Disclosure of data

(1) Under the conditions given in Section 34 (1), all of the data and remarks listed in Section 3 (1) may be disclosed within the administrative unit to which the registration authority belongs. Section 34 (3) shall apply accordingly to the inspection and disclosure of data and remarks pursuant to Section 3 (2).

(2) Setting up automated processes for transmitting data to other bodies within the administrative unit to which the registration authority belongs shall require the permission of the head of the administrative unit; he or she shall stipulate in writing which bodies are authorized to retrieve data and the necessary technical and organizational measures. The body authorized to retrieve data may utilize the possibility to retrieve data only as necessary in the individual case to carry out its tasks.

Section 38
Automated retrieval

(1) The registration authority may transmit the following data to another public body using automated retrieval procedures (basic official information):

1. surname,

2. previous names,

3. given names, indicating name usually used,

4. religious name, stage or pen name,

5. date and place of birth, including country for persons born outside Germany,

6. doctoral degree,

7. sex,

8. current addresses or future address, indicating principal and secondary residence.

9. date and place of death, and

10. conditional blocks on releasing information pursuant to Section 52.

(2) Retrieval shall be permitted only as far as the retrieving body must be aware of these data to carry out its tasks. If a block on releasing information pursuant to Section 51 has been entered in the population register, the retrieving body shall receive a notice which shall not permit any conclusions to be drawn as to whether any information on the data subject is available or whether a block on releasing information has been entered; in these cases, retrieval by the registration authority shall be treated like a request for data transfer pursuant to Section 34.

(3) The following additional data may be transmitted to the authorities listed in Section 34 (4), first sentence, using the automated retrieval procedure:

1. current nationalities,

2. previous addresses, indicating principal and secondary residence,

3. date moved in and date moved out,

4. issuing authority, date of issue, length of validity and serial number of the national identity card, temporary national identity card or substitute identity card, of the recognized and valid passport or passport substitute, and

5. data pursuant to Section 3 (2) nos. 7 and 8.

(4) The authorities listed in Section 34 (4), first sentence, may use the data pursuant to Section 34 (1) as selection data for retrieval; all other public bodies may use only the surname, previous names, given names, sex, date and place of birth including country for persons born outside Germany and the current or previous address. Phonetic searches shall be permitted for surnames, previous names and given names. If retrieval displays the records of multiple persons, the body authorized to retrieve data may use these data only to the extent necessary to carry out its legally assigned tasks. Data not needed shall be deleted immediately.

(5) Transfer of additional data and remarks using automated retrieval procedures pursuant to subsections 1 to 3 shall be permitted as allowed by federal or Land law in which the reason for and purpose of the transfers, recipients and data to be transferred are specified. The use of additional selection data pursuant to subsection 4 shall be permitted as allowed by federal or Land law in which the reason for and purpose of the retrieval are specified.

Section 39
Procedures for automated retrieval

(1) When setting up a procedure for automated retrieval, the body authorized to retrieve data shall take appropriate technical and organizational measures to ensure that data can be retrieved only by authorized persons. Section 10 (2) shall apply accordingly. There shall be no doubt as to the identity of the retrieving body. Section 3 of the Act on Connecting the IT Networks of the Federation and the Länder – Act implementing Article 91c (4) of the Basic Law of 10 August 2009 (Federal Law Gazette I, p. 2702) in the applicable version shall remain unaffected.

(2) If automated retrieval pursuant to Section 38 (1) to (3) finds the records of different persons, identifiers may be created and transmitted. The data listed in Section 3 may not be processed or used to create these identifiers. The recipient of the data may transmit the identifier only to the registration authority.

(3) The public bodies listed in Section 34 (4), first sentence, and other public bodies specified in federal or Land law, in the case of central Länder collections of registration data, or if such do not exist, in the case of other bodies specified by Land law, or in the case of the registration authorities, shall ensure that data can be retrieved via the Internet or the network linking the Federation and the Länder at any time. Subsection 1, second to fourth sentences shall apply accordingly.

(4) The retrieving body shall be responsible for the lawfulness of each individual automated retrieval. The registration authority shall check the lawfulness of the retrieval only if there is reason to do so.

Section 40
Logging requirement for automated retrieval

(1) When using automated retrieval to access data of an individual, the registration authority shall keep a record of the following:

1. the body authorized to retrieve the data,

2. the data retrieved,

3. the time of retrieval,

4. the file reference of the retrieving authority, if extant,

5. the identifier of the retrieving person.

(2) If data concerning a large number of persons not further identified pursuant to Section 34 (2) are retrieved, the reason, criteria for retrieval and the number of matches shall be recorded.

(3) If the retrieving body is one of the authorities listed in Section 34 (4), first sentence, it shall record this information.

(4) The logging data shall be retained and secured for at least 12 months. They shall be deleted no later than the end of the calendar year following the year in which they were recorded. The logging data may be processed and used only for purposes of data protection monitoring and the resulting criminal proceedings, and purposes of safeguarding the operation of the register and releasing information to the data subject.

Section 41
Purpose limitation on transferred data and remarks

Unless otherwise specified by law, the recipients of data may process and use the data solely for the purposes for which the data were transferred or forwarded to them. In the cases of Sections 51 and 52, processing or using the transferred or forwarded data and remarks shall be permitted only if the possibility of harming legitimate interests of the data subject can be ruled out.

Section 42
Data transfer to religious communities under public law

(1) On the conditions listed in Section 34 (1), first sentence, the registration authority may transfer to a religious community under public law the following data at regular intervals to carry out its tasks but not for purposes related to labour law:

1. surname,

2. previous names,

3. given names, indicating name usually used,

4. doctoral degree,

5. religious name, stage or pen name,

6. date and place of birth, including country for persons born outside Germany,

7. regarding the legal representative

a) surname,

b) given names,

c) doctoral degree,

d) address,

e) date of birth,

f) sex,

g) date of death and

h) blocks on releasing information pursuant to Section 51 and conditional blocks on releasing information pursuant to Section 52,

8. sex,

9. current nationalities,

10. legal membership of a religious community under public law,

11. current addresses, indicating principal and secondary residence; the last previous address; for persons moving to Germany from abroad, also the last address in Germany; for persons moving abroad, also the address abroad, including country;

12. date moved in and date moved out,

13. marital status limited to whether the person concerned is married or in a registered partnership, including date, place and country of marriage or registration of partnership, if applicable,

14. number of minor children,

15. blocks on releasing information pursuant to Section 51 and conditional blocks on releasing information pursuant to Section 52;

16. date and place of death, including country for persons who died abroad.

(2) If members of a religious community under public law have family members who do not belong to the same or any religious community under public law, the registration authority may transfer the following data of these family members:

1. surname and given names,

2. date and place of birth,

3. sex,

4. membership of a religious community under public law,

5. current addresses and last previous address,

6. blocks on releasing information pursuant to Section 51 and conditional blocks on releasing information pursuant to Section 52; and

7. date of death.

(3) Family members as referred to in subsection 2 shall be the spouse or registered partner, minor children and the parents of minor children. The data subjects have the right to object to the transfer of their data; they shall be informed of this right when registering pursuant to Section 17 (1) and annually in accordance with local custom. The second sentence shall not apply if data are transferred for purposes of tax collection by the religious community under public law.

(4) Section 34 (5) shall apply accordingly to transfers pursuant to subsections 1 and 2.

(4a) The registration authorities may transfer the data referred to in subsections 1 and 2 and the data specified by Land law in accordance with Section 55 (2) to the religious communities under public law on a nationally determined cut-off date using an automated procedure for no more than 12 months in order to enable a one-time comparison for the purpose of inventory, primary data collection and subsequent data transfer. Objections pursuant to Section 42 (3), second sentence shall also be transmitted. The Federal Ministry of the Interior shall publicize the cut-off date in the Federal Gazette.

(5) Data transfer pursuant to subsections 1 and 2 shall be permitted only if the data recipient has taken sufficient data protection measures. An authority to be designated by Land law shall determine whether this is the case.

Section 43
Data transfer to tracing services

(1) The registration authority may regularly transfer the following data of persons from the regions described in Section 1 (2) no. 3 of the Federal Expellees Act to the tracing services to carry out their tasks under public law:

1. surname,

2. previous names,

3. given names, indicating name usually used,

4. date and place of birth, including country for persons born outside Germany,

5. current and previous addresses,

6. address on 1 September 1939.

(2) In addition to the data listed in subsection 1, the registration authority may use the automated retrieval procedure to transfer the following data to the tracing services to carry out their tasks under public law:

1. sex,

2. current nationalities,

3. date moved in and date moved out.

In addition to the data available to all public bodies pursuant to Section 38 (4), first sentence, the tracing services may also use the following data as selection data for retrieval:

1. for persons moving to Germany from abroad, also the country and last address in Germany; for persons moving abroad, also the address abroad, including country;

2. date moved in and date moved out,

3. current nationalities,

4. marital status,

5. date and place of death, including country for persons who died abroad.

Sub-chapter 2
Information from the population register

Section 44
Basic information from the population register

(1) If a person or a body other than those described in Section 34 (1), first sentence, or Section 35 requests information on another person, the registration authority shall be permitted to release only the following data on specific individuals (basic information from the population register):

1. surname,

2. given names, indicating name usually used,

3. doctoral degree,

4. current addresses, and

5. whether the person is dead.

If the data will be used for commercial purposes, these purposes shall be stated.

(2) Subsection 1 shall also apply when data on a large number of persons are requested.

(3) The release of basic information from the population register shall be permitted only if

1. the identity of the person on whom information is requested can be established unambiguously on the basis of the information provided in the request concerning the surname, previous name, given names, date of birth, sex or an address; and

2. the person or body requesting the information declares that the data will not be used for the purposes of

a) advertising or

b) buying and selling lists of addresses,

unless the data subject explicitly consented to the release of data for each of these purposes. Consent pursuant to the first sentence, no. 2 may be given to the registration authority as general consent to one or both of these purposes and revoked. If no general consent is on record with the registration authority, then consent shall be given to the person or body requesting the information. Consent to the person or body requesting information must be given separately and must refer explicitly to the release of information from the population register for each of these purposes. The person or body requesting information shall provide the registration authority with proof of consent on request. The registration authority shall conduct random checks to determine whether proof of consent is available. If the registration authority has reason to believe that the person or body requesting information has falsely claimed to be in possession of consent pursuant to the fourth sentence, the registration authority shall investigate on its own initiative. No information shall be released to the person or body requesting information until the investigation has been completed.

(4) The following shall be prohibited with regard to data from a population register:

1. using data commercially without indicating a purpose pursuant to subsection 1, second sentence, when requesting data;

2 using data for the purposes given in subsection 3, first sentence, no. 2 contrary to a declaration referred to there; or

3. obtaining data for purposes pursuant to subsection 3, first sentence, no. 2 while falsely claiming to have the necessary consent pursuant to subsection 3, third sentence.

Section 45
Additional information from the population register

(1) If credible evidence of a legitimate interest is provided, in addition to the data listed in Section 44 (1) of specific individuals, the following information from the population register may be released:

1. previous names,

2. date and place of birth, including country for persons born outside Germany,

3. marital status limited to whether the person concerned is married or in a registered partnership,

4. current nationalities,

5. previous addresses,

6. date moved in and date moved out,

7. surname, given names and address of the legal representative,

8. surname, given names and address of the spouse or registered partner, and

9. date and place of death, including country for persons who died abroad.

(2) The registration authority shall immediately inform the data subject of the release of additional information from the population register and the recipient of the data; this shall not apply if the data recipient has provided credible evidence of a legal interest, in particular to assert legal claims.

Section 46
Group information

(1) Information from the population register on a large number of persons not referred to by name (group information) may be released only if doing so is in the public interest. The following data may be used to constitute the group of persons:

1. date of birth,

2. sex,

3. current nationality,

4. current addresses,

5. date moved in and date moved out,

6. marital status (single, married, divorced, widowed, in a registered partnership, registered partnership terminated, registered partner deceased).

(2) Apart from the membership of the group, the following data may be released:

1. surname,

2. given names,

3. doctoral degree,

4. age,

5. sex,

6. nationalities,

7. current addresses, and

8. legal representative, including surname, given names and address.

Section 47
Purpose limitation on information from the population register

(1) In the case of information from the population register pursuant to Section 44 for commercial purposes and of information from the population register pursuant to Sections 45 and 46, and in case of a block on releasing information pursuant to Section 51 (1), the recipient may use the data only for the purposes for which they were released. The data shall subsequently be deleted.

(2) If data were collected for the purpose of commercially identifying addresses for third parties, these data may not be reused.

Section 48
Information from the population register for public service broadcasters

As far as public service broadcasters are involved in journalistic activities, they shall not be regarded as public bodies as referred to in this Act.

Section 49
Automated information from the population register

(1) Basic information from the population register may also be released on data storage media which can be processed using automated means. Data storage media provided to the registration authority or the data transferred to the registration authority shall be returned, deleted or destroyed without delay after the request has been processed.

(2) Basic information from the population register may also be released via the Internet using automated retrieval. The response to the person or body requesting information shall be sent in encrypted form.

(3) Basic information from the population register released via the Internet may also be released via one or more Internet portals. If a portal is not operated under public law, it shall require approval from the responsible Land authority. In particular, portals shall have the task of

1. registering those requesting information,

2. receiving requests for information and forwarding them to the registration authority or other portals,

3. receiving responses and forwarding them to registration authorities or other portals,

4. ensuring that fees and expenses are paid to the registration authorities, and

5. safeguarding data security.

Subsection 1, second sentence, shall apply accordingly.

(4) Information shall be released only if

1. the person or body requesting information identifies the data subject by surname or a previous surname and at least one given name (phonetic searches shall be permitted for surnames and given names), as well as an address or two other items of data, although data pursuant to subsection 5 nos. 5 and 9 may not be used in tandem, and

2. the identity of the data subject has been established unambiguously using an automated check of the data provided in the request against the data stored in the population register.

(5) The following data may be used to further describe the data subject pursuant to subsection 4 no. 1:

1. religious name,

2. stage or pen name,

3. date of birth,

4. place of birth, including country for persons born outside Germany,

5. sex,

6. surname and given name of the legal representative,

7. date moved to an address,

8. date moved away from an address,

9. marital status,

10. date and place of marriage or registration of partnership, including country if abroad,

11. surname and given name of spouse or registered partner,

12. date of death,

13. place of death, including country for persons who died abroad.

(6) Section 10 (2), second sentence and Section 40 shall apply accordingly.

Section 50
Information from the population register in special cases

(1) In connection with elections and voting at national and local level in the six months preceding the election or vote, the registration authority shall be permitted to provide political parties, associations of voters and other nominated candidates with information from the population register concerning data described in Section 44 (1), first sentence for groups of eligible voters if these groups are constituted on the basis of their members’ age. The birth dates of the eligible voters shall not be provided. The person or body to whom the data are released shall be permitted to use these data only for advertising for an election or vote and shall delete or destroy them no later than one month after the election or vote.

(2) If elected officials, news media representatives or broadcasters request information from the population register concerning age or wedding anniversaries of residents, the registration authority may release the following information:

1. surname,

2. given names,

3. doctoral degree,

4. address, and

5. date and number of birthday or wedding anniversary.

Birthdays as referred to in the first sentence shall be the 70th birthday and every fifth birthday until the 100th birthday, then every birthday thereafter; wedding anniversaries shall be the 50th and every anniversary thereafter.

The following information on all residents aged 18 and over may be provided to publishers of address directories:

1. surname,

2. given names,

3. doctoral degree, and

4. current addresses.

The data provided may be used only for publishing address directories in book form.

(4) If the owner of the residence and, if different, the supplier of the residence, provide credible evidence of a legal interest, the registration authority shall provide them with information free of charge on the surname, given names and doctoral degree of the residents registered at his or her residence. At the request of the person authorized to receive the information, it may be provided using an electronic procedure; Section 10 (2) and (3) shall apply accordingly.

(5) The data subject has the right to object to the transfer of his or her data pursuant to subsections 1 to 3; he or she shall be informed of this right when registering pursuant to Section 17 (1) and annually in accordance with local custom.

(6) No information shall be provided pursuant to subsections 1 to 3 if a block on releasing information pursuant to Section 51 exists. Nor shall information pursuant to subsection 3 be released if a conditional block on releasing information pursuant to Section 52 has been entered.

Section 51
Blocks on releasing information

(1) If there is reason to believe that providing information from the population register may result in a threat to the life, health, personal freedom or similar legitimate interests of the data subject or another person, the registration authority shall, on request or on its own initiative, enter in the population register a block on releasing information.

(2) If, after hearing the data subject, a threat as referred to in subsection 1 cannot be ruled out, it shall be prohibited to provide information from the population register. If the data subject cannot be reached, in the cases in which a block on releasing information was entered by the registration authority at the request of an authority listed in Section 34 (4), first sentence, nos. 1, 6, 7, 8 or 9, the body at whose request the block on releasing information was entered shall be heard. If no information is provided, the person or body requesting information shall receive a notice which shall not permit any conclusions to be drawn as to whether any information on the data subject is available or whether a block on releasing information exists.

(3) If a block on releasing information has been entered by the registration authority at the request of an authority referred to in Section 34 (4), first sentence, nos. 1, 6, 7, 8 or 9, the data subject and the body that requested the block shall be informed without delay of every request for information from the population register.

(4) The block on releasing information shall be limited to two years. It may be extended automatically or on request. The data subject shall be informed before the block is lifted, if he or she can be reached. If the block was requested by an authority listed in Section 34 (4), first sentence, nos. 1, 6, 7, 8 or 9, this authority shall be informed if the data subject cannot be reached.

(5) Nor shall information from the population register be released

1. if access to a civil status register pursuant to Section 63 of the Civil Status Act shall not be permitted, and

2. in the cases of Section 1758 of the Civil Code.

Section 52
Conditional block on releasing information

(1) The registration authority shall establish a conditional block on releasing information for the current addresses of persons registered to the knowledge of the registration authority as residents of

1. a correctional facility,

2. a reception centre for asylum applicants or other foreign refugees,

3. hospitals, care homes or other institutions serving persons with disabilities or in need of care or for the purpose of residential education,

4. shelters against domestic violence, or

5. institutions for the treatment of addiction.

(2) In these cases, unless the conditions of Section 51 (1) to (3) are met, information from the population register may be provided only if harm to legitimate interests can be ruled out. The data subject shall be heard before releasing information from the population register.

Sub-chapter 3
Witness protection

Section 53
Witness protection

The provisions of the Witness Protection Harmonization Act of 11 December 2001 (Federal Law Gazette I, p. 3510) amended by Article 2 (12) of the Act of 19 February 2007 (Federal Law Gazette I, p. 122) in the applicable version shall remain unaffected by the provisions on data transfer and disclosure pursuant to Sections 34, 36 to 38 and 49.

Table of contents (Federal Act on Registration)

Leave a Reply

Your email address will not be published.

*

code