GDPR: Removing Monal from the EU

Re:GDPR: Removing Monal from the EU by tobltobs on Thursday May 17, 2018 @06:33PM (#17096698)

Data Protection Officer, right to be forgotten, data exportability, ...

Can you hint me to one of those German laws which do require one of the above?

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Re:GDPR: Removing Monal from the EU by skrause on Thursday May 17, 2018 @06:49PM (#17096831)

https://de.wikipedia.org/wiki/Bundesdatenschutzgesetz

It literally translates to "federal data protection law" and has been German law since 1978. In certain conditions it has also mandated a DPO (https://de.wikipedia.org/wiki/Datenschutzbeauftragter) since then, but in fact the first DPO position in Germany was created in 1971.

The right to be forgotten is mandated by article 35 BDSG (https://www.gesetze-im-internet.de/bdsg_1990/__35.html).

The right to a data export is mandated by article 34 BDSG (https://www.gesetze-im-internet.de/bdsg_1990/__34.html). It has always been common use this law to get a free copy of the data which our credit reporting agencies have about you, I've done that multiple times.

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Re:GDPR: Removing Monal from the EU by tobltobs on Thursday May 17, 2018 @07:15PM (#17097023)

Thank you for those detailed links. They are kind of eye opening, and I am German. However, it is hard to understand how stuff like GEZ, Schufa and article 35 can exist concurrently in the same country.

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Re:GDPR: Removing Monal from the EU by skrause on Thursday May 17, 2018 @07:26PM (#17097107)

Schufa (the biggest consumer credit reporting agency in Germany) and article 35 can certainly co-exist. In fact you can write to Schufa and request that they delete all your data.

However, if you do that, good luck ever getting a mortgage, credit card or other post-paid services ever again if all credit report requests come back with the reponse "no data available". So I wouldn't recommend that.

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Re:GDPR: Removing Monal from the EU by cesarb on Thursday May 17, 2018 @07:43PM (#17097252)

> However, if you do that, good luck ever getting a mortgage, credit card or other post-paid services ever again if all credit report requests come back with the reponse "no data available". So I wouldn't recommend that.

How does that work for people who never had a Schufa history? If for instance I decided to move today from Brazil to Germany, would I be unable to do all these things there, since they would have "no data available" on me?

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Re:GDPR: Removing Monal from the EU by skrause on Friday May 18, 2018 @02:34AM (#17099162)

The reports for people who are just new in the system and for people who had their data deleted by request are different.

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Re:GDPR: Removing Monal from the EU by ahakki on Thursday May 17, 2018 @09:24PM (#17097904)

You‘ll still have access. Probably at a higher rate.

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Re:GDPR: Removing Monal from the EU by tobltobs on Friday May 18, 2018 @02:41AM (#17099188)

There are thosuands of horror stories how the Schufa isn't able or willing to correct wrong data. And no data protection agency in Germany did ever brought such a case to a court.

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