Service provided by the Federal Ministry of Justice
and the Federal Office of Justice ‒ www.gesetze-im-internet.de
(2) The right of access according to Article 15 of Regulation (EU) 2016/679 shall not apply if
the archival material is not identified with the person’s name or no information is given which
would enable the archival material to be found with reasonable administrative effort.
(3) The right of the data subject to rectification according to Article 16 of Regulation (EU)
2016/679 shall not apply if the personal data are processed for archiving purposes in the
public interest. If the data subject disputes the accuracy of the personal data, he or she shall
have the opportunity to present his or her version. The responsible archive shall be obligated
to add this version to the files.
(4) The rights provided in Article 18 (1) (a), (b) and (d) and in Articles 20 and 21 of
Regulation (EU) 2016/679 shall not apply as far as these rights are likely to render
impossible or seriously impair the achievement of the archiving purposes in the public
interest, and the exceptions are necessary to fulfil those purposes.
Section 29
Rights of the data subject and powers of the supervisory authorities in the case of
secrecy obligations
(1) In addition to the exceptions in Article 14 (5) of Regulation (EU) 2016/679, the obligation
to provide information to the data subject according to Article 14 (1) to (4) of Regulation (EU)
2016/679 shall not apply as far as meeting this obligation would disclose information which
by its nature must be kept secret, in particular because of overriding legitimate interests of a
third party. The right of access according to Article 15 of Regulation (EU) 2016/679 shall not
apply as far as access would disclose information which by law or by its nature must be kept
secret, in particular because of overriding legitimate interests of a third party. In addition to
the exception in Article 34 (3) of Regulation (EU) 2016/679, the obligation to inform the data
subject of a personal data breach according to Article 34 of Regulation (EU) 2016/679 shall
not apply as far as meeting this obligation would disclose information which by law or by its
nature must be kept secret, in particular because of overriding legitimate interests of a third
party. By derogation from the exception pursuant to the third sentence, the data subject
pursuant to Article 34 of Regulation (EU) 2016/679 shall be informed if the interests of the
data subject outweigh the interest in secrecy, in particular taking into account the threat of
damage.
(2) If in the context of a client-lawyer relationship the data of third persons are transferred to
persons subject to a legal obligation of professional secrecy, the transferring body shall not
be obligated to inform the data subject according to Article 13 (3) of Regulation (EU)
2016/679 unless the data subject has an overriding interest in being informed.
(3) The supervisory authorities shall not have the investigative powers according to Article 58
(1) (e) and (f) of Regulation (EU) 2016/679 with regard to the persons listed in Section 203
(1), (2a) and (3) of the Criminal Code or their processors as far as exercising these powers
would violate these persons’ obligations to secrecy. If in the context of an investigation a
supervisory authority becomes aware of data subject to an obligation of secrecy as referred
to in the first sentence, the obligation of secrecy shall also apply to the supervisory authority.
Section 30
Consumer loans
(1) Any body which for the purpose of transfer commercially collects, stores or modifies
personal data which may be used to evaluate the creditworthiness of consumers shall treat
requests for information from lenders in other European Union Member States the same way
it treats information requests from domestic lenders.
(2) Anyone who refuses to conclude a consumer loan contract or a contract concerning
financial assistance for payment with a consumer as the result of information provided by a
body as referred to in subsection 1 shall immediately notify the consumer of this refusal and
the information received. Such notification shall not be made if doing so would endanger
public security or order. Section 37 shall remain unaffected.
Page 17 of 43