§ 44 BlnDSG
Rights to Rectification, Erasure and Restriction of Processing
(1)The data subject shall have the right to obtain from the controller the rectification without undue delay of inaccurate personal data concerning them. In particular in the case of statements or assessments, the question of accuracy does not concern the content of the statement or assessment. Where the accuracy or inaccuracy of the data cannot be established, restriction of processing shall take the place of rectification. In this case, the controller shall inform the data subject before lifting the restriction. The data subject may also request the completion of incomplete personal data, where this is appropriate taking into account the purposes of the processing.
(2)The data subject shall have the right to obtain from the controller the erasure without undue delay of data concerning them where their processing is unlawful, their knowledge is no longer necessary for the performance of the task, or they must be erased to comply with a legal obligation.
(3)Instead of erasing the personal data, the controller may restrict their processing where 1. there is reason to believe that erasure would impair the legitimate interests of a data subject, 2. the data must be retained for evidentiary purposes in proceedings serving the purposes of Section 30(1) or (2), or 3. erasure is not possible or is possible only with disproportionate effort on account of the particular nature of the storage. Data whose processing is restricted pursuant to sentence 1 may only be processed for the purpose that prevented their erasure or otherwise with the consent of the data subject.
(4)In the case of automated filing systems, it shall be technically ensured that a restriction of processing is clearly identifiable and that processing for other purposes is not possible without further review.
(5)Where the controller has made a rectification, it shall notify the public body that previously transmitted the personal data to it of the rectification. In cases of rectification, erasure or restriction of processing pursuant to paragraphs 1 to 3, the controller shall notify recipients to whom the data have been transmitted of such measures. The recipients shall rectify, erase or restrict the processing of the data on their own responsibility.
(6)The controller shall inform the data subject in writing of a refusal to rectify, complete or erase personal data or of a restriction of processing taking the place thereof. This shall not apply where the provision of such information would itself give rise to a risk within the meaning of Section 42(2). The information pursuant to sentence 1 shall state reasons, unless the provision of reasons would jeopardise the purpose pursued by refraining from the information.
(7)Section 43(7) and (8) shall apply accordingly. zur Einzelansicht § 44