"Personal Data"

"Personal Data" means:

Individual records containing personal or material details concerning a specific person or of a person that can be determined by such data. Examples...

Records are:

a collection of personal data which can be evaluated by automated means by certain criteria, or any other collection of personal data which is built up systematically and can be sorted, searched and evaluated by such criteria. This includes card files and non - automated filing systems.

Under which conditions is it allowed to process personal data, and when may this data be stored or transferred to third parties?

Private entities or you as employee are allowed to store and transmit personal data only if the concerned person has given his consent in writing, or if a legal provision or the BDSG allows it. Otherwise it is prohibited. For example, if a company processes employee and customer data, a physician stores his patients' details, or a professional association establishes membership records, then the following conditions must be met to satisfy the BDSG:

Storage of personal data is allowed only on following cases:

  • for the purpose of executing a contract or
  • in circumstances similar to a contract, such as an inquiry of a job application  
  • in cases where the storage is necessary to protect the legitimate interests of the company, if there is no reason to believe that the data subject's rights are compromised thereby.
  • if the data is obtained from public sources such as a telephone directory.
  • if the data subject has agreed