Service provided by the Federal Ministry of Justice
and the Federal Office of Justice ‒ www.gesetze-im-internet.de
2.
persons employed for occupational training purposes;
3.
participants in benefits to take part in working life, in assessments of
occupational aptitude or work trials (persons undergoing rehabilitation);
4.
persons employed in accredited workshops for persons with disabilities;
5.
volunteers working pursuant to the Youth Volunteer Service Act or the Federal
Volunteer Service Act;
6.
persons who should be regarded as equivalent to dependently employed
workers because of their economic dependence; these include persons working at home
and their equivalents;
7.
federal civil servants, federal judges, military personnel and persons in the
alternative civilian service.
Applicants for employment and persons whose employment has been terminated shall be
regarded as employees.
Section 27
Data processing for purposes of scie ntific or historical research and for statistical
purposes
(1) By derogation from Article 9 (1) of Regulation (EU) 2016/679, the processing of special
categories of personal data as referred to in Article 9 (1) of Regulation (EU) 2016/679 shall
be permitted also without consent for scientific or historical research purposes or statistical
purposes, if such processing is necessary for these purposes and the interests of the
controller in processing substantially outweigh those of the data subject in not proc essing the
data. The controller shall take appropriate and specific measures to safeguard the interests
of the data subject in accordance with Section 22 (2), second sentence.
(2) The rights of data subjects provided in Articles 15, 16, 18 and 21 of Regulation (EU)
2016/679 shall be limited to the extent that these rights are likely to render impossible or
seriously impair the achievement of the research or statistical purposes, and such limits are
necessary for the fulfilment of the research or statistical purposes. Further, the right of
access according to Article 15 of Regulation (EU) 2016/679 shall not apply if the data are
necessary for purposes of scientific research and the provision of information would involve
disproportionate effort.
(3) In addition to the measures listed in Section 22 (2), special categories of personal data as
referred to in Article 9 (1) of Regulation (EU) 2016/679 processed for scientific or historical
research purposes or statistical purposes shall be rendered anonymous as soon as the
research or statistical purpose allows, unless this conflicts with legitimate interests of the
data subject. Until such time, the characteristics enabling information concerning personal or
material circumstances to be attributed to an identified or identifiable individual shall be
stored separately. They may be combined with the information only to the extent required by
the research or statistical purpose.
(4) The controller may publish personal data only if the data subject has provided consent or
if doing so is indispensable for the presentation of research findings on contemporary
events.
Section 28
Data processing for archiving purposes in the public interest
(1) By derogation from Article 9 (1) of Regulation (EU) 2016/679, the processing of special
categories of personal data as referred to in Article 9 (1) of Regulation (EU) 2016/679 shall
be permitted if necessary for archiving purposes in the public interest. The controller shall
take appropriate and specific measures to safeguard the interests of the data subject in
accordance with Section 22 (2), second sentence.
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