§ 10 LDSG BW
Restriction of the right to erasure
(1)(Supplementary to Article 17 of Regulation [EU] 2016/679)
(2)The provisions of the State Archives Act on the obligation to offer records, as well as other statutory or regulatory documentation and retention obligations, shall remain unaffected.
(3)The obligation to erase personal data pursuant to Article 17 of Regulation [EU] 2016/679 shall not apply where there is reason to believe that erasure would impair the legitimate interests of the data subject. In such a case, restriction of processing pursuant to Article 18 of Regulation [EU] 2016/679 shall take the place of erasure. The public body shall inform the data subject of the decision not to erase and the restriction of processing. Where the data subject objects to the decision not to erase, the data shall be erased.
(4)Where, in the case of non-automated data processing, erasure is not possible or is only possible with disproportionately high effort due to the particular nature of the storage, and the interest of the data subject in erasure is to be regarded as minor, the right of the data subject to and the obligation of the public body to erase personal data shall not apply. In such a case, restriction of processing pursuant to Article 18 of Regulation [EU] 2016/679 shall take the place of erasure. Sentences 1 and 2 shall not apply where the personal data have been unlawfully processed. zur Einzelansicht § 10