Freedom of communication 2.
The amendment of the Federal Data Protection Act has been further intensified by the Upper House of German Parlament.

16. Februar 2009

On 13th of  February 2009, the Upper House of German Parlament confirmed the restrictive course of the amendment of the Federal Data Protection Act (FDPA). In a statement about the bill on the new privacy policy discussed back in December of 2008, the states chamber demanded the elimination of the so-called Listenprivileg.

The use of personal data for advertising purposes will be admissible in the future only if the person affected gave his/her explicit consent.

Different positions of each committee in the states chamber prove that a great need for discussing an intended legislation – although pushed for time – still exists. The economic committee asked for a review of the intended elimination of the Listenprivileg. The committee also suggested a reform of the consumer’s right of objection. Unfortunately, the committee was unable to come through to the plenum of the states chamber with its position.

It is absolutly incomprehensible why the prime ministers want to even intensify an already anti-commercial bill. Instead of at least extending insufficient and partly impractical exceptions in form of a required consentement, the states chamber goes even further by demanding to expand the so-called Kopplungsverbot from monopol businesses to all businesses now. In addition, the states chamber demands a generally required written statement of consent. It is entirely misjudged that this measure will solve the problem of illegal data trading, whereas an economy which is already stuck in an overall difficult situation is hit even harder. (ddv)

The parlamentary process with its 1st reading starts on 19th of March 2009.

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