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BbgDSG — Table of Contents

§ 11 BbgDSG

Right of access of the data subject and inspection of files

(1)The right of the data subject to access pursuant to Article 15 of Regulation (EU) 2016/679 shall not apply to the extent and for as long as
(2)The data subject may not request access to personal data that are stored exclusively for the purposes of data security or data protection supervision and the processing of which for other purposes is precluded by appropriate technical and organisational measures.
(3)Where the data are contained in files, the data subject may be granted inspection of the files instead of the provision of information.
(4)Where the provision of information or the inspection of files relates to the origin of personal data from constitutional protection bodies, courts, public prosecutor's offices and police authorities, or from Land tax authorities insofar as they store personal data for the purposes of the prevention, investigation, detection or prosecution of criminal offences or for the purposes of the execution of criminal penalties, as well as from the Federal Intelligence Service, the Office for Military Counter-Intelligence, and, insofar as the security of the Federation is concerned, from other authorities within the portfolio of the Federal Ministry responsible for defence, it shall be permissible only with the consent of those bodies. The same shall apply to the provision of information relating to the transmission of personal data to those bodies. Consent may only be withheld where this is necessary for the protection of the legal interests referred to in Article 23(1)(a), (b), (c), (d) or (e) of Regulation (EU) 2016/679.
(5)The refusal of access shall not require a statement of reasons insofar as the purpose of the refusal would be jeopardised by the statement of reasons. In such a case, the essential reasons for the decision shall be recorded. The data subject shall be advised of the possibility of lodging a complaint with the State Commissioner.
(6)Where no information is provided to the data subject, it shall, at the request of the data subject, be provided to the State Commissioner, unless the respective competent supreme Land authority determines in the individual case that the security of the Federation or of a Land would thereby be endangered. The communication of the State Commissioner to the data subject shall not allow conclusions to be drawn as to the state of knowledge of the responsible body, unless the latter has consented to more extensive information.
(7)Einzelnorm
Source:
https://bravors.brandenburg.de/gesetze/bbgdsg
Citation:
GVBl. BB I/19 Nr. 17
As of:
2022-12-31
Retrieved:
2026-02-28