Self-protection clause… What is that?

The Genetic Engineering Act (GenTG) also contains regulations regarding whether one is subject to an unrestricted obligation to provide information to the authorities. The Genetic Engineering Act (GenTG) distinguishes between information that must be provided as part of monitoring and information that must be provided as part of an approval procedure. This time, we'll report on the regulations governing monitoring. The regulations governing approval procedures are set out in the AGCT-Gentechnik. report . 06/2023 of 30.06.2023.

Now as part of the surveillance … Section 25, Paragraph 4 of the Genetic Engineering Act, which is relevant to surveillance, contains a self-protection clause. This stipulates that persons required to provide information may refuse to provide information in cases where there is a risk of prosecution for a criminal offense or administrative offense. The clause reads as follows: … “(4) Persons obliged to provide information may refuse to answer questions the answers to which would expose them or one of their relatives referred to in Section 383 (1) Nos. 1 to 3 of the Code of Civil Procedure to the risk of prosecution for a criminal or administrative offence.”

Obligated to provide information In genetic engineering facilities , the operator(s), the BBS, the PL , and also any person who handles products are responsible. The latter person who handles products is usually a person who places a product on the market within the meaning of the GenTG. For this reason, this person does not play a role in a normal genetic engineering facility. The same applies to cases from the Code of Civil Procedure (ZPO) (fiancés, spouses, life partners, and relatives in certain lines). These also generally do not play a role in genetic engineering facilities. In any case, the operator (s), the BBS, the PL , and may also refuse to provide information, even if only the Danger of persecution due to an administrative offense within the meaning of Section 31 GenTG or the legal regulations issued in connection with the GenTG. Accordingly, fines under the GenTSV, the GenTAufzV, etc. are also covered by the right to refuse to provide information. The purpose is to protect the person concerned from conflict situations. Right to refuse to provide information (AVR) does not go as far as a so-called right to refuse to testify in court. The AVR only relates to specific questions. These questions must be related to the genetic engineering work that is monitored within the framework of Section 25 Paragraph 2 GenTG. This in turn means that the question must be “information necessary for monitoring ”. Information that is requested from one of the persons obliged to provide information, but which is not necessary for monitoring, does not have to be provided factually within the meaning of Section 25 Paragraph 2 GenTG, so that Section 25 Paragraph 5 GenTG is not relevant. Example: Whether an administrative employee was in the laboratory on time at 8:00 a.m. is not relevant for the monitoring of the genetic engineering work, so that the factual element of necessary information within the meaning of Section 25 Paragraph 2 GenTG does not exist. The question, however, is whether the PL was in the laboratory at 8:00 a.m. when the genetic engineering work began. This is a question related to the genetic engineering work and may be necessary for it. Section 25 (4) of the Genetic Engineering Act (GenTG) would apply here if the PL were to incriminate himself/herself by providing the information.