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BayDSG — Table of Contents

Art. 38 BayDSG

Processing for Journalistic, Artistic or Literary Purposes (on Art. 85 GDPR)

(1)Where personal data are processed for journalistic, artistic or literary purposes, data subjects shall only be entitled to the rights set out in para. 2. Otherwise, Chapter I, Art. 5 para. 1 letter f, Art. 24 and 32, Chapters VIII, X and XI GDPR shall apply to processing within the meaning of sentence 1. Art. 82 GDPR shall apply with the proviso that liability shall arise only for inadequate measures pursuant to Art. 5 para. 1 letter f, Art. 24 and 32 GDPR.
(2)Where the journalistic, artistic or literary processing of personal data leads to the dissemination of counter-statements, to declarations of commitment, judicial decisions or retractions, these shall be taken with the stored data, kept for the same period as the data themselves, and transmitted together with the data upon any transmission.
Source:
https://www.gesetze-bayern.de/Content/Document/BayDSG
Citation:
GVBl. BY 2023 S. 554
As of:
2023-09-26
Retrieved:
2026-02-28