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Brandenburg: Brandenburg LDA announces amendments to Second SARS-CoV-2 Containment Act and to delete corona contact records

The State Commissioner for Data Protection and Access to Information Brandenburg ('Brandenburg LDA') announced, on 22 February 2022, that since the amendment of the Second Ordinance on Temporary Containment Measures due to the SARS-CoV-2 Virus and COVID-19 in the State of Brandenburg of 23 November 2021 ('the Second SARS-CoV-2 Containment Act') by the state government, on 8 February 2022, the obligation to collect contact data has largely ceased to exist.

In particular, the State Commissioner for Data Protection, Dagmar Hartge, stated that "the contact records must be destroyed or deleted after a four-week retention period in accordance with data protection regulations. This regulation is not new. However, after 8 March 2022 at the latest - with a few exceptions - no personal data may be held at all. Restaurants, cafés and leisure facilities are urged to act now".

Furthermore, the Brandenburg LDA stated that the obligation to collect contact data continues only in hospitals, in preventive care, and rehabilitation facilities, as well as in nursing homes, and that in these facilities the four-week period continues to apply. Moreover, the Brandenburg LDA emphasised that contact records must be completely and irrevocably destroyed or deleted in order for the disposal to be compliant with data protection rules. Furthermore, the Brandenburg LDA outlined that for data collected in paper form, tearing it up once is not sufficient and instead a suitable shredder should be used. Lastly, the Brandenburg LDA stated that data collected in electronic form should be deleted in such a way that it cannot be recovered, unless the respective system provides for automatic deletion after four weeks anyway.

You can read the press release here and the Second SARS-CoV-2 Containment Act here, both only available in German.

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