Service provided by the Federal Ministry of Justice
and the Federal Office of Justice ‒ www.gesetze-im-internet.de
1.
concerns the further processing of data stored in analogue form, for which the
controller directly contacts the data subject through the further processing; the purpose is
compatible with the original purpose for which the data were collected in accordance with
Regulation (EU) 2016/679; the communication with the data subject does not take place
in digital form; and the interest of the data subject in receiving the information can be
regarded as minimal, given the circumstances of the individual case, in particular with
regard to the context in which the data were collected;
2.
would, in the case of a public body, endanger the proper performance of tasks
as referred to in Article 23 (1) (a) to (e) of Regulation (EU) 2016/679 for which the
controller is responsible, and the controller’s interests in not providing the information
outweigh the interests of the data subject;
3.
would endanger public security or order or would otherwise be detrimental to
the welfare of the Federation or a Land, and the controller’s interests in not providing the
information outweigh the interests of the data subject;
4.
would interfere with the establishment, exercise or defence of legal claims, and
the controller’s interests in not providing the information outweigh the interests of the data
subject; or
5.
would endanger a confidential transfer of data to public bodies.
(2) If information is not provided to the data subject pursuant to subsection 1, the controller
shall take appropriate measures to protect the legitimate interests of the data subject,
including providing the information referred to in Article 13 (1) and (2) of Regulation (EU)
2016/679 for the public in precise, transparent, understandable and easily accessible form in
clear and simple language. The controller shall set down in writing the reasons for not
providing information. The first and second sentences shall not apply in the cases of
subsection 1 nos. 4 and 5.
(3) If notification is not provided in the cases of subsection 1 because of a temporary
obstacle, the controller shall meet the obligation to provide information, while taking into
account the specific circumstances of processing, within an appropriate period after the
obstacle has ceased to exist, but no later than two weeks.
Section 33
Information to be provided where personal data have not been obtained from the data
subject
(1) In addition to the exception in Article 14 (5) of Regulation (EU) 2016/679 and in Section
29 (1), first sentence, the obligation to provide information to the data subject according to
Article 14 (1), (2) and (4) of Regulation (EU) 2016/679 shall not apply if providing information
1.
in the case of a public body
a) would endanger the proper performance of tasks as referred to in Article 23
(1) (a) to (e) of Regulation (EU) 2016/679 for which the controller is responsible,
or
b) would threaten the public security or order or otherwise be detrimental to the
Federation or a Land,
and therefore the data subject’s interest in receiving the information must not take
precedence;
2.
in the case of a private body
a) would interfere with the establishment, exercise or defence of legal claims,
or processing includes data from contracts under private law and is intended to
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