Service provided by the Federal Ministry of Justice
and the Federal Office of Justice ‒ www.gesetze-im-internet.de
authorities of the Federal Ministry of Defence, such provision shall be permitted only with the
approval of these bodies.
(6) The controller shall notify the data subject, without delay, in writing of any refusal or
restriction of access. This shall not apply if providing this information would entail a threat as
referred to in Section 56 (2). The notification pursuant to the first sentence shall include the
reasons for the refusal or the restriction unless providing the reasons would undermine the
intended purpose of the refusal or restriction of access.
(7) If the data subject is notified pursuant to subsection 6 of the refusal or restriction of
access, he or she may exercise his or her right of access also via the Federal
Commissioner. The controller shall inform the data subject of this possibility and that, in
accordance with Section 60, the data subject may lodge a complaint with the Federal
Commissioner or seek a judicial remedy. If the data subject exercises his or her right
pursuant to the first sentence, the information shall be provided to the Federal Commissioner
at the request of the data subject, unless the responsible supreme federal authority
determines in the individual case that doing so would threaten the security of the Federation
or a Land. The Federal Commissioner shall at least inform the data subject that all
necessary checks have been conducted or that the Federal Commissioner has conducted a
review. This notification may include information as to whether violations of data protection
law were found. The notification from the Federal Commissioner to the data subject shall not
permit any conclusions to be drawn concerning the information held by the controller unless
the latter agrees to the provision of more extensive information. The controller may refuse to
such provision only as far as and for as long as he or she could dispense with or restrict
information pursuant to subsection 4. The Federal Commissioner shall also inform the data
subject of his or her right to seek a judicial remedy.
(8) The controller shall document the factual or legal reasons on which the decision is based.
Section 58
Right to rectification and erasure and to restriction of processing
(1) The data subject shall have the right to obtain from the controller without delay the
rectification of inaccurate data concerning him or her. In particular in the case of statements
or assessments, the question of accuracy is not relevant for the content of the statement or
assessment. If the accuracy or inaccuracy of the data cannot be ascertained, the controller
shall restrict processing instead of erasing the data. In this case, the controller shall inform
the data subject before lifting the restriction of processing. The data subject may also ask to
have incomplete personal data completed, if doing so is appropriate when taking into
account the purposes of processing.
(2) The data subject shall have the right to obtain from the controller the erasure of personal
data concerning him or her without delay where processing such data is unlawful, knowledge
of the data is no longer necessary for the performance of tasks, or the data must be erased
to comply with a legal obligation.
(3) Instead of erasure, the controller may restrict processing where
1.
there is reason to assume that erasure would adversely affect legitimate
interests of the data subject,
2.
the data must be retained for the purposes of evidence in proceedings serving
the purposes of Section 45, or
3.
erasure would be impossible or would involve a disproportionate effort due to
the specific mode of storage.
Data subject to restricted processing pursuant to the first sentence may be processed only
for the purpose which prevented their erasure.
(4) In automated filing systems, technical measures shall ensure that the restriction of
processing is clearly recognizable and processing for other purposes is not possible without
further examination.
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