Service provided by the Federal Ministry of Justice
and the Federal Office of Justice ‒ www.gesetze-im-internet.de
(3)
Processing by public bodies of the Federation in the context of activities outside the
scope of Regulation (EU) 2016/679 and Directive (EU) 2016/680 shall not be subject to the
obligation to provide information in accordance with Article 13 (1) and (2) of Regulation (EU)
2016/679
1.
in the cases referred to in Section 32 (1) nos. 1 to 3, or
2.
if meeting this obligation would disclose information which by law or by its
nature must be kept secret, in particular because of legitimate interests of a third party
which outweigh the interests of the data subject in obtaining the information.
If the data subject is not to be informed in the cases of the first sentence, no right of access
shall apply. Sections 32 (2) and 33 (2) shall not apply.
Section 86
Processing of personal data for purposes of governm ent awards and honours
(1) To prepare and conduct government procedures for awards and honours, both the
responsible bodies and other public and private bodies may process the necessary personal
data, including special categories of personal data as referred to in Article 9 (1) of Regulation
(EU) 2016/679, also without the knowledge of the data subject. Section 1 (8) shall apply to
private bodies accordingly. Processing of personal data pursuant to the first sentence for
other purposes shall be permitted only with the consent of the data subject.
(2) If processing is conducted solely for the purposes listed in subsection 1, first sentence,
Articles 13 to 16, 19 and 21 of Regulation (EU) 2016/679 shall not apply.
(3) When processing special categories of personal data as referred to in Article 9 (1) of
Regulation (EU) 2016/679, the controller shall take appropriate and specific measures to
safeguard the rights of the data subject in accordance with Section 22 (2).
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