Art. 10 BayDSG
Right of Access of the Data Subject (on Art. 15 GDPR)
(1)Whether a person is provided with information that personal data have been transmitted to the public prosecution service, the police, the tax administration, bodies of the supra-local audit, the Office for the Protection of the Constitution, the Federal Intelligence Service, the Military Counter-Intelligence Service or other authorities of the Federal Ministry of Defence shall be decided by the controller in agreement with the bodies to which the data were transmitted. This shall also apply to information about personal data that were transmitted to the controller by one of the bodies referred to in sentence 1.
(2)Without prejudice to para. 1, information shall not be provided insofar as
(3)the information would jeopardise the orderly fulfilment of tasks of danger prevention or the prevention, investigation, detection or prosecution of criminal offences, administrative offences or professional misconduct, or the enforcement of penalties,
(4)the information would jeopardise public safety and order, national defence or an important economic or financial interest of the Free State of Bavaria, another Land, the Federation or the European Union — including monetary, budgetary and tax matters —,
(5)personal data or the fact of their storage must be kept secret for the protection of the data subject or because of the overriding legitimate interests of third parties,
(6)personal data are processed exclusively for purposes of data security or data protection control, the provision of information would require a disproportionate effort and processing for other purposes is excluded by suitable technical and organisational measures, or
(7)personal data are neither processed by automated means nor stored in a filing system or intended to be stored in a filing system and
(8)the data subject does not provide information that would enable the data to be found, or
(9)the effort required to provide the information is disproportionate to the information interest asserted.
(10)Where information is not provided or is provided only in a restricted form,
(11)the reasons therefor shall be recorded on file,
(12)the data subject shall be informed of the reasons, insofar as this would not be contrary to any of the purposes referred to in para. 2 nos. 1 to 3, and
(13)upon the request of the data subject, unrestricted information shall be provided to the supervisory authority.
(14)The supervisory authority shall not disclose to the data subject, without the consent of the bodies referred to in para. 1 sentence 1, any information that would allow conclusions to be drawn about their state of knowledge.
(15)Art. 25 para. 4, Art. 26 para. 3 and Art. 27 para. 4 shall remain unaffected.