§ 34 HDSIG
Right to Erasure
(1)("Right to be Forgotten")
(2)Where, in the case of non-automated data processing, erasure is not possible or only possible with disproportionately high effort due to the particular manner of storage and the interest of the data subject in erasure is to be considered minor, the right of the data subject to and the obligation of the controller to erase personal data pursuant to Art. 17 para. 1 of Regulation (EU) No 2016/679 shall not exist, in addition to the exceptions referred to in Art. 17 para. 3 of Regulation (EU) No 2016/679. In this case, restriction of processing pursuant to Art. 18 of Regulation (EU) No 2016/679 shall take the place of erasure. Sentences 1 and 2 shall not apply where the personal data were processed unlawfully. Sentences 1 to 3 shall also apply to automated data processing until 31 December 2024.
(3)In addition to Art. 18 para. 1 letters b and c of Regulation (EU) No 2016/679, para. 1 sentences 1 and 2 shall apply accordingly in the case of Art. 17 para. 1 letters a and d of Regulation (EU) No 2016/679, insofar and for as long as the controller has reason to believe that erasure would impair the legitimate interests of the data subject. The controller shall inform the data subject about the restriction of processing, unless informing proves impossible or would require a disproportionate effort.
(4)In addition to Art. 17 para. 3 letter b of Regulation (EU) No 2016/679, para. 1 shall apply accordingly in the case of Art. 17 para. 1 letter a of Regulation (EU) No 2016/679, where charter-based retention periods preclude erasure. zur Einzelansicht § 34