§ 75 BDSG
Rectification and erasure of personal data and restriction of processing
(1)Personal data shall be rectified where they are inaccurate. Section 58 Subsection (1), second sentence, shall apply.
(2)Personal data shall be erased without undue delay where their processing is unlawful, they are no longer necessary for the purpose for which they were collected or otherwise processed, or they must be erased to comply with a legal obligation of the controller. Section 58 Subsection (3) and (4) shall apply accordingly.
(3)Instead of erasing, the controller shall mark the data where 1 there is reason to believe that erasure could adversely affect the legitimate interests of the data subject,; 2 the personal data must be maintained for the purposes of evidence,; 3 erasure would be impossible or possible only with disproportionately high effort on account of the specific nature of the storage or; 4 the data are stored in files. In the case referred to in the first sentence, No. 4, Section 75 Subsection (2) shall apply with the additional proviso that the processing shall also be restricted where, in specific cases, there is reason to assume that the processing would prejudice the legitimate interests of the data subject. Marked data shall only be processed for the purpose for which their erasure was not performed; they may also be processed where this is necessary for the purposes of evidence or where the data subject consents.
(4)Personal data processed in an automated manner for the purpose of future review periods shall be reviewed no later than after three years. The controller shall take appropriate measures to ensure compliance with the review period.