3.1.Legal Characterization of the Statutory Definition
The current criminal law protection of personal data is based on the statutory definition…
“Misuse of personal data…
Section 219 (1) A person who, by violating a provision laid down in an Act or a binding legal act of the European Union on the protection or processing of personal data and for financial gain or causing significant harm to interests,…
a) processes personal data in an unauthorised manner or in deviation from the purpose of processing, or…
b) fails to take measures to safeguard such data…
is guilty of a misdemeanour and shall be punished by imprisonment for up to one year.…
(2) A person who, by violating a provision laid down in an Act or a binding legal act of the European Union on the protection or processing of personal data, fails to perform his obligation to provide information that is necessary for the data subject to exercise his right of access and, as a result, causes significant harm to the interests of one or more other persons, shall be punished under paragraph (1).…
(3) The punishment shall be imprisonment for up to two years, if the misuse of personal data is committed concerning sensitive data or criminal personal data.…
(4) The perpetrator is guilty of a felony and shall be punished by imprisonment for up to three years, if the misuse of personal data is committed by a public officer or by abusing a public mandate.”…
This statutory definition is a so-called framework disposition,…
Thus, in the greatest number of cases the elements of the statutory definition can…
The territorial scope of the GDPR can be based on either the principle of “country…
According to the principle of “targeted effect” this Regulation applies to the processing…
(a) the offering of goods or services, irrespective of whether a payment of the data…
(b) the monitoring of their behaviour as far as their behaviour takes place within…
It should be emphasized: the existence of the territorial scope of the GDPR does…
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