§ 31 HDSIG
Obligation to Inform When Collecting Personal Data
(1)from the Data Subject
(2)The obligation to inform the data subject pursuant to Art. 13 para. 3 of Regulation (EU) No 2016/679 shall not exist, in addition to the exception referred to in Art. 13 para. 4 of Regulation (EU) No 2016/679, where the provision of information on the intended further processing 1. concerns further processing of data stored in analogue form where the controller directly addresses the data subject through the further processing, the purpose is compatible with the purpose of collection under Regulation (EU) No 2016/679, the communication with the data subject does not take place in digital form and the interest of the data subject in the provision of information, having regard to the circumstances of the individual case, in particular the context in which the data were collected, is to be considered minor, 2.
a)would jeopardise the proper performance of the tasks within the competence of the controller within the meaning of Art. 23 para. 1 letters a to e of Regulation (EU) No 2016/679,
b)would jeopardise public security or order,
c)would jeopardise the rights or freedoms of third parties,
d)would impair the establishment, exercise or defence of legal claims, or
e)would otherwise cause disadvantage to the interests of the Federation or a Land, and the interest of the controller in not providing the information outweighs the information interest of the data subject. The decision shall be taken by the head of the public body or by a person designated by the head and employed at the public body.
(3)Where information to the data subject is withheld in accordance with para. 1, the controller shall take appropriate measures to protect the legitimate interests of the data subject, including making the information referred to in Art. 13 para. 1 and 2 of Regulation (EU) No 2016/679 available to the public in a precise, transparent, intelligible and easily accessible form using clear and plain language. The controller shall record in writing the reasons why information was withheld. Sentences 1 and 2 shall not apply in the cases of para. 1 sentence 1 no. 2 letter d and no. 3.
(4)Where information to the data subject is withheld in accordance with para. 1 due to a temporary impediment, the controller shall comply with the obligation to inform, taking into account the specific circumstances of the processing, within a reasonable period after the impediment has ceased, but no later than within two weeks. zur Einzelansicht § 31