On 4 August 2011, an Amendment to the German Energy Industry Act (EnWG) has come into force, which includes new data privacy provisions relating to the use of so-called smart meters. By virtue of the amendment, the German lawmaker has implemented EU Directives 2009/72/EC and 2009/73/EC on the introduction of smart metering techniques relating to energy and gas supplies to consumers. When certain requirements are met, it is an obligation of the measuring point operators to use smart meters.
Secs. 21 g) and h) of the amended EnWG govern the privacy aspects of data transmissions via a smart metering infrastructure. In particular, the provision contains a conclusive list of scenarios under which personal identifiable information may be collected, processed and used in a smart metering infrastructure. Also, the transfer of data to data processors under the established rules of the Federal German Data Protection Act is explicitly allowed. Moreover, consumers are being granted a broadly formulated right of access to their metering data. Finally, a mandatory data breach notification obligation of the measuring point operator is enshrined in the new law.
To a large extent, the new data privacy provisions of the EnWG refer to a yet-to-be enacted Ordinance of the Federal Government. In this ordinance, the government shall
inter alia
define certain “data protection profiles” for smart meters, specify the data protection rules applicable to smart metering and determine specific deadlines for the storage of smart metering data.
