D: Legal status of the data protection officer upon the merger of two health insurance funds

Category: Nachrichten
By: M. Schröder - 2B Advice GmbH - the privacy benchmark

With a judgment of Sept. 29, 2010, file reference 10 AZR 588/09, the Federal Labor Court decided that the function of the data protection officer ended upon a merger of two health insurance funds with the expiration of one health insurance fund. Therefore, the data protection officer has no claim against the new health insurance fund arising out of the merger to continue to be employed as a data protection officer.

In its press release, the Federal Labor Court initially cites § 4f, para. 1 of the Federal Data Protection Act (Bundesdatenschutzgesetz - "BDSG"), and states that the BDSG does not contain an express provision for the event of the expiration of a public office within the framework of a merger. The two health insurance funds are public controllers. It is questionable whether the considerations of the court can also be applied to mergers of non-public controllers. However, this can be determined with certainty only after the publication of the grounds for the decision.

 

 

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juris.bundesarbeitsgericht.de/cgi-bin/rechtsprechung/document.py

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