§ 28 BDSG
Data processing for archiving purposes in the public interest
(1)By way of derogation from Article 9 Subsection (1) of Regulation (EU) 2016/679, the processing of special categories of personal data within the meaning of Article 9 Subsection (1) of Regulation (EU) 2016/679 shall be permissible where such processing is necessary for archiving purposes in the public interest. The controller shall provide appropriate and specific measures to safeguard the interests of the data subject pursuant to Section 22 Subsection (2), second sentence.
(2)The right to information under Article 15 of Regulation (EU) 2016/679 shall not apply where the archival material is not made accessible by the name of the data subject. The right to rectification under Article 16 of Regulation (EU) 2016/679 shall not apply where the personal data are processed for archiving purposes in the public interest. Where the data subject objects under Article 21 Subsection (1) of Regulation (EU) 2016/679, the archive shall carry out a weighing of interests.
(3)Where the purpose of the processing of special categories of personal data can also be achieved by processing which does not permit or no longer permits the identification of the data subject, those purposes shall be achieved in this way.
(4)Subsection (2) shall also apply in conjunction with the law of the Federation or of a Land which requires or permits further processing.