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BDSG — Table of Contents

§ 58 BDSG

Rights to rectification and erasure and restriction of processing

(1)The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
(2)The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay where the processing is unlawful, where the data are no longer necessary for the purpose for which they were collected or otherwise processed, or where the data must be erased to comply with a legal obligation.
(3)Instead of erasing, the controller shall restrict the processing where 1 there is reason to believe that erasure would adversely affect the legitimate interests of the data subject,; 2 the personal data must be maintained for the purposes of evidence or; 3 erasure would be impossible or possible only with disproportionately high effort on account of the specific nature of the storage.Personal data the processing of which has been restricted shall only be processed for the purpose for which erasure was not performed.
(4)In automated filing systems, the restriction of processing shall in principle be ensured by technical means. The fact that the data have been restricted shall be marked in a manner that makes it apparent that the processing of the personal data has been restricted.
(5)Where the controller has rectified inaccurate personal data, it shall notify the recipient to whom the data were disclosed. The controller shall also inform the data subject of the rectification of inaccurate data relating to him or her. In cases under Section 75 Subsection (2), the data subject shall also be informed of the marking.
(6)The controller shall also inform the data subject of any erasure of personal data or restriction of processing and, where a restriction of processing is imposed, of the lifting of the restriction.
(7)Section 57 Subsections (2), (4), first, third and fifth sentences, (5) and (7) shall apply accordingly.

Version Note

GII-Quelle (gesetze-im-internet.de) enthält Stand 06.05.2024. Die Änderung vom 01.01.2025 (BBVAnpÄndG 2023/2024, BGBl. 2024 I Nr. 283, Art. 10) betrifft §§ 10, 12, 13, 14, 15 (BfDI-Verwaltungsvorschriften zu Amtsbezügen). Keine inhaltlichen Datenschutzbestimmungen betroffen. Aktualisierung erfolgt bei nächstem GII-XML-Update.

Pending Amendment

BGBl. 2024 I Nr. 283 (BBVAnpÄndG 2023/2024) — in Kraft ab 01.01.2025 — betrifft §§ 10, 12-15

Source:
gesetze-im-internet.de (nur informatorisch — recht.bund.de ist seit 2023 die amtliche Quelle)
Citation:
BGBl I 2017, 2097
As of:
2024-05-06
Retrieved:
2026-02-25