§ 8 LDSG BW
Restriction of the duty to inform
(1)(Supplementary to Articles 13 and 14 of Regulation [EU] 2016/679)
(2)A duty to inform the data subject shall not apply insofar as and for as long as 1. the information would endanger public security or otherwise be detrimental to the welfare of the Federation or a Land, 2. the information would jeopardise the prevention or prosecution of criminal offences or administrative offences of significant importance, 3. the information would impair the assertion, exercise or defence of civil-law claims, 4. the data or the fact of processing must be kept secret pursuant to a legal provision or for the protection of the data subject or the rights and freedoms of other persons, or 5. the information is likely to render the scientific or historical research purpose impossible or seriously impair it and therefore the interest of the data subject in receiving the information must take second place.
(3)Where the provision of information relates to the transmission of personal data to public prosecution offices, police authorities or the police enforcement service, constitutional protection authorities and, insofar as they store personal data in the performance of their statutory duties within the scope of the Fiscal Code for purposes of supervision and auditing, to fiscal authorities, these authorities shall be given the opportunity to comment in advance. Sentence 1 shall also apply to the transmission of personal data to the Federal Intelligence Service, the Military Counter-Intelligence Service and, insofar as the security of the Federation is concerned, to other authorities of the Federal Minister of Defence. Sentences 1 and 2 shall apply accordingly to the provision of information about the origin of data from the aforementioned authorities.
(4)The reasons for refraining from providing information shall be documented. zur Einzelansicht § 8