Article 2
Material scope
(12) Whereas the protection principles must apply to all processing of personal data by any person whose activities are governed by Community law; whereas there should be excluded the processing of data carried out by a natural person in the exercise of activities which are exclusively personal or domestic, such as correspondence and the holding of records of addresses;
(13) Whereas the acitivities referred to in Titles V and VI of the Treaty on European Union regarding public safety, defence, State security or the acitivities of the State in the area of criminal laws fall outside the scope of Community law, without prejudice to the obligations incumbent upon Member States under Article 56 (2), Article 57 or Article 100a of the Treaty establishing the European Community; whereas the processing of personal data that is necessary to safeguard the economic well-being of the State does not fall within the scope of this Directive where such processing relates to State security matters;
(14) Whereas, given the importance of the developments under way, in the framework of the information society, of the techniques used to capture, transmit, manipulate, record, store or communicate sound and image data relating to natural persons, this Directive should be applicable to processing involving such data;
(15) Whereas the processing of such data is covered by this Directive only if it is automated or if the data processed are contained or are intended to be contained in a filing system structured according to specific criteria relating to individuals, so as to permit easy access to the personal data in question;
(16) Whereas the processing of sound and image data, such as in cases of video surveillance, does not come within the scope of this Directive if it is carried out for the purposes of public security, defence, national security or in the course of State activities relating to the area of criminal law or of other activities which do not come within the scope of Community law;
(17) Whereas, as far as the processing of sound and image data carried out for purposes of journalism or the purposes of literary or artistic ex
Regulation
Art. 2 1. This Regulation applies to the processing of personal data wholly or partly by automated means and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system. 2. This Regulation does not apply to the processing of personal data: (a) in the course of an activity which falls outside the scope of Union law; (b) by the Member States when carrying out activities which fall within the scope of Chapter 2 of Title V of the TEU; (c) by a natural person in the course of a purely personal or household activity; (d) by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security. 3. For the processing of personal data by the Union institutions, bodies, offices and agencies, Regulation (EC) No 45/2001 applies. Regulation (EC) No 45/2001 and other Union legal acts applicable to such processing of personal data shall be adapted to the principles and rules of this Regulation in accordance with Article 98. 4. This Regulation shall be without prejudice to the application of Directive 2000/31/EC, in particular of the liability rules of intermediary service providers in Articles 12 to 15 of that Directive. |
Directive
Art. 3 1. This Directive shall apply to the processing of personal data wholly or partly by automatic means, and to the processing otherwise than by automatic means of personal data which form part of a filing system or are intended to form part of a filing system. 2. This Directive shall not apply to the processing of personal data: - in the course of an activity which falls outside the scope of Community law, such as those provided for by Titles V and VI of the Treaty on European Union and in any case to processing operations concerning public security, defence, State security (including the economic well-being of the State when the processing operation relates to State security matters) and the activities of the State in areas of criminal law, - by a natural person in the course of a purely personal or household activity. |
Denmark
1. - (1) This Act shall apply to the processing of personal data wholly or partly by automatic means, and to the processing otherwise than by automatic means of personal data which form part of a filing system or are intended to form part of a filing system. (2) This Act shall further apply to other non-automatic systematic processing of data which is performed for private persons or bodies and which includes data on individual persons' private or financial matters or other data on personal matters which can reasonably be claimed to be withheld from the public. However, this shall not apply to Chapters 8 and 9 of this Act. (3) Section 5 (1) to (3), sections 6 to 8, section 10, section 11 (1), section 38 and section 40 of the Act also apply to manual transmission of personal data to another administrative authority. The Danish Data Protection Agency is responsible for the supervision of such transmission, in accordance with chapter 16 of the Act, as mentioned in the first sentence. (4) This Act shall further apply to the processing of data concerning companies, etc., cf. subsections (1) and (2), if the processing is carried out for credit information agencies. The same shall apply in the case of processing of data covered by section 50 (1) 2. (5) Chapter 5 of the Act shall also apply to the processing of data concerning companies, etc., cf. subsection (1). (6) In other cases than those mentioned in subsection (4), the Minister of Justice may decide that the provisions of this Act shall apply, in full or in part, to the processing of data concerning companies, etc. which is performed for private persons or bodies. (7) In other cases than those mentioned in subsection (5), the competent Minister may decide that the provisions of this Act shall apply, in full or in part, to the processing of data concerning companies, etc., which is performed on behalf of public administrations. (8) This Act shall apply to any processing of personal data in connection with video surveillance. 2. - (1) Any rules on the processing of personal data in other legislation which give the data subject a better legal protection shall take precedence over the rules laid down in this Act. (2) This Act shall not apply where this will be in violation of the freedom of information and ex (3) This Act shall not apply to the processing of data undertaken by a natural person with a view to the exercise of purely personal activities. (4) The provisions laid down in Chapters 8 and 9 and sections 35 to 37 and section 39 shall not apply to processing of data which is performed on behalf of the courts in the area of criminal law. Nor shall the provisions laid down in Chapter 8 of the Act and sections 35 to 37 and section 39 apply to processing of data which is performed on behalf of the police and the prosecution in the area of criminal law. (5) This Act shall not apply to the processing of data which is performed on behalf of Folketinget (the Danish Parliament) and its related institutions. (6) This Act shall not apply to the processing of data covered by the Act on information databases operated by the mass media. (7) This Act shall not apply to information databases which exclusively include already published periodicals or sound and image programmes covered by paragraphs 1 or 2 of section 1 of the Act on media responsibility, or part hereof, provided that the data are stored in the database in the original version published. However, sections 41, 42 and 69 of the Act shall apply. (8) Furthermore, this Act shall not apply to information databases which exclusively include already published texts, images and sound programmes which are covered by paragraph 3 of section 1 of the Act on media responsibility, or parts hereof, provided that the data are stored in the database in the original version published. However, sections 41, 42 and 69 of the Act shall apply. (9) This Act shall not apply to manual files of cuttings from published, printed articles which are exclusively processed for journalistic purposes. However, sections 41, 42 and 69 of the Act shall apply. (10) Processing of data which otherwise takes place exclusively for journalistic purposes shall be governed solely by sections 41, 42 and 69 of this Act. The same shall apply to the processing of data for the sole purpose of artistic or literary ex (11) This Act shall not apply to the processing of data which is performed on behalf of the intelligence services of the police and the national defence. |