§ 26 HDSIG
Rights of the Data Subject and Supervisory
(1)Investigations in the Case of Confidentiality Obligations
(2)The obligation to inform the data subject pursuant to Art. 14 para. 1 to 4 of Regulation (EU) No 2016/679 shall not exist, in addition to the exceptions referred to in Art. 14 para. 5 of Regulation (EU) No 2016/679, insofar as its fulfilment would disclose information which, by its nature, in particular due to the overriding legitimate interests of a third party, must be kept secret.
(3)The right of access of the data subject pursuant to Art. 15 of Regulation (EU) No 2016/679 shall not exist insofar as the access would disclose information which, pursuant to a legal provision or by its nature, in particular due to the overriding legitimate interests of a third party, must be kept secret.
(4)The obligation to notify pursuant to Art. 34 of Regulation (EU) No 2016/679 shall not exist, in addition to the exception referred to in Art. 34 para. 3 of Regulation (EU) No 2016/679, insofar as the notification would disclose information which, pursuant to a legal provision or by its nature, in particular due to the overriding legitimate interests of a third party, must be kept secret. By way of derogation from the exception under sentence 1, the data subject shall be notified in accordance with Art. 34 of Regulation (EU) No 2016/679 where the interests of the data subject, in particular in view of impending harm, outweigh the interest in maintaining secrecy.
(5)Where data of third parties are transmitted to a professional secret holder in the course of the engagement or within the framework of a mandate relationship, the obligation of the transmitting body to inform the data subject pursuant to Art. 13 para. 3 of Regulation (EU) No 2016/679 shall not exist, unless the interest of the data subject in being informed prevails.
(6)Where the Hessian Data Protection Commissioner or his or her employees gain knowledge of data that are subject to a duty of confidentiality pursuant to a legal provision or by their nature in the course of an investigation, this duty shall also apply to them. zur Einzelansicht § 26