Art. 26 BayDSG
Processing for Archival Purposes (on Art. 89 GDPR)
(1)Personal data may be processed for archival purposes in the public interest, insofar as suitable safeguards for the rights and freedoms of data subjects are provided.
(2)The processing of data within the meaning of Art. 9 para. 1 GDPR shall also be permissible insofar as it is necessary for archival purposes in the public interest. The controller shall provide appropriate and specific measures to safeguard the rights of the data subject in accordance with Art. 8 para. 2.
(3)A right of access of the data subject pursuant to Art. 15 GDPR shall not exist insofar as the archive material is not indexed by the person's name or no information is provided that would enable the relevant archive material to be located without disproportionate effort.
(4)Art. 16 GDPR shall not apply. The data subject may request that a counter-statement be appended to archive material relating to them, if they credibly dispute the accuracy of the information concerning them. After the death of the data subject, the appending of a counter-statement may be requested by the spouse, the life partner, the children or the parents, if they can credibly demonstrate a legitimate interest.
(5)Art. 18 para. 1 letters a, b and d, Art. 20 and 21 GDPR shall not apply insofar as these rights are likely to render impossible or seriously impair the achievement of archival purposes in the public interest and such restriction is necessary for the fulfilment of the archival purposes.
(6)Insofar as public bodies are obliged to offer records to a public archive for accession, deletion shall only be permissible after the records have been offered to the public archive and have not been accepted as archivally valuable, or a decision on accession has not been made within the prescribed period.