Part 1
Teil 2
Sub-chapter 1
- § 22Processing of special categories of personal data
- § 23Processing for other purposes by public bodies
- § 24Processing for other purposes by private bodies
- § 25Transfer of data by public bodies
- § 26Data processing for employment-related purposes
- § 27Data processing for purposes of scientific or historical research and for statistical purposes
- § 28Data processing for archiving purposes in the public interest
- § 29Rights of the data subject and powers of the supervisory authorities in the case of secrecy obligations
- § 30Consumer loans
- § 31Protection of commercial transactions in the case of scoring and credit reports
Sub-Chapter 2
- § 32Information to be provided where personal data are collected from the data subject
- § 33Information to be provided where personal data have not been obtained from the data subject
- § 34Right of access by the data subject
- § 35Right to erasure
- § 36Right to object
- § 37Automated individual decision-making, including profiling
Teil 3
- § 55General information on data processing
- § 56Notification of data subjects
- § 57Right of access
- § 58Right to rectification and erasure and to restriction of processing
- § 59Modalities for exercising the rights of the data subject
- § 60Right to lodge a complaint with the Federal Commissioner
- § 61Legal remedies against decisions of the Federal Commissioner or if he or she fails to take action
- § 62Processing carried out on behalf of a controller
- § 63Joint controllers
- § 64Requirements for the security of data processing
- § 65Notifying the Federal Commissioner of a personal data breach
- § 66Notifying data subjects affected by a personal data breach
- § 67Conducting a data protection impact assessment
- § 68Cooperation with the Federal Commissioner
- § 69Prior consultation of the Federal Commissioner
- § 70Records of processing activities
- § 71Data protection by design and by default
- § 72Distinction between different categories of data subjects
- § 73Distinction between facts and personal assessments
- § 74Procedures for data transfers
- § 75Rectification and erasure of personal data and restriction of processing
- § 76Logging
- § 77Confidential reporting of violations
Teil 4
FDPA Part 3 - § 58
Right to rectification and erasure and to restriction of processing
- 1The data subject shall have the right to obtain from the controller without delay the rectification of inaccurate data concerning him or her. 2In particular in the case of statements or assessments, the question of accuracy is not relevant for the content of the statement or assessment. 3If the accuracy or inaccuracy of the data cannot be ascertained, the controller shall restrict processing instead of erasing the data. 4In this case, the controller shall inform the data subject before lifting the restriction of processing. 5The data subject may also ask to have incomplete personal data completed, if doing so is appropriate when taking into account the purposes of processing.
- 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.
- 1Instead of erasure, the controller may restrict processing where
- there is reason to assume that erasure would adversely affect legitimate interests of the data subject,
- the data must be retained for the purposes of evidence in proceedings serving the purposes of Section 45, or
- erasure would be impossible or would involve a disproportionate effort due to the specific mode of storage.
- 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.
- 1If the controller has rectified inaccurate data, he or she shall communicate the rectification to the body from which he or she received the personal data. 2In cases of rectification, erasure or restriction of processing pursuant to subsections 1 to 3, the controller shall inform recipients to whom the data were transferred about these measures. 3The recipient shall rectify or erase the data or restrict their processing.
- 1The controller shall inform the data subject in writing of any refusal to rectify or erase personal data or restrict its processing. 2This shall not apply if providing this information would entail a threat as referred to in Section 56 (2). 3The information pursuant to the first sentence shall include the reasons for the refusal unless providing the reasons would undermine the intended purpose of the refusal.
- Section 57 (7) and (8) shall apply accordingly.
2Data subject to restricted processing pursuant to the first sentence may be processed only for the purpose which prevented their erasure.
Quelle: Bundesamt für Justiz
