§ 35 BDSG
Right to erasure
(1)Where, in the case of non-automated data processing, erasure is not possible or is only possible with disproportionately high effort on account of the specific nature of the storage, and the interest of the data subject in erasure is to be regarded as minimal, the right of the data subject to and the obligation of the controller to erasure of personal data pursuant to Article 17 Subsection (1) of Regulation (EU) 2016/679, in addition to the exceptions referred to in Article 17 Subsection (3) of Regulation (EU) 2016/679, shall not apply. In such cases, restriction of processing pursuant to Article 18 of Regulation (EU) 2016/679 shall take the place of erasure. The first and second sentences shall not apply where the personal data have been unlawfully processed.
(2)In addition to Article 18 Subsection (1)(b) and (c) of Regulation (EU) 2016/679, Subsection (1), first and second sentences, shall apply accordingly in the case of Article 17 Subsection (1)(a) and (d) of Regulation (EU) 2016/679 as long as and insofar as the controller has reason to believe that erasure would impair the legitimate interests of the data subject. The controller shall inform the data subject of the restriction of processing, unless this proves to be impossible or would involve a disproportionate effort.
(3)In addition to Article 17 Subsection (3)(b) of Regulation (EU) 2016/679, Subsection (1) shall apply accordingly in the case of Article 17 Subsection (1)(a) of Regulation (EU) 2016/679 where erasure would conflict with statutory or contractual retention periods.