§ 45 HDSIG
Processing for Scientific or Historical Research Purposes,
(1)Archival or Statistical Purposes
(2)Personal data may be processed within the framework of the purposes referred to in § 40 for scientific or historical research purposes, archival or statistical purposes where 1. the data subject has consented pursuant to § 46, or 2. there is a public interest therein and appropriate safeguards for the rights and freedoms of the data subjects are provided for. Appropriate safeguards under sentence 1 no. 2 may consist of anonymisation of the personal data as promptly as possible, precautions against their unauthorised disclosure to third parties, or their processing separately in terms of space and organisation from other specialist tasks.
(3)The processing of special categories of personal data in the case of para. 1 sentence 1 no. 2 must furthermore be absolutely necessary for scientific or historical research purposes, archival or statistical purposes and the interests of the controller in the processing must outweigh the interests of the data subject in the exclusion of the processing.
(4)In the case of para. 2, the controller shall provide for appropriate and specific measures to safeguard the interests of the data subjects pursuant to § 43 para. 2. In addition to the measures referred to in § 43 para. 2, special categories of personal data processed for scientific or historical research purposes or for statistical purposes shall be anonymised as soon as the research or statistical purpose permits, unless legitimate interests of the data subject preclude this. As soon as the research or statistical purpose permits, the features by means of which a personal reference can be established shall be stored separately; the features shall be erased as soon as the research or statistical purpose permits. A data protection concept shall be prepared before the commencement of the research project, which shall be presented to the competent supervisory authority upon request.
(5)The rights provided for in §§ 50 to 53 shall be restricted insofar as these rights are likely to render impossible or seriously impair the achievement of the research or statistical purposes and the restriction is necessary for the fulfilment of the research or statistical purposes. The right of access shall furthermore not exist where the data are necessary for purposes of scientific research and the provision of access would require a disproportionate effort.
(6)The right of access pursuant to § 52 shall not exist where the archival material is not indexed by the name of the person or where no information is provided that would enable the relevant archival material to be found with reasonable administrative effort. The right of the data subject to rectification pursuant to § 53 shall not exist where the personal data are processed for archival purposes in the public interest. If the data subject contests the accuracy of the personal data, he or she shall be given the opportunity to file a counter-statement. The competent archive shall be obliged to append the counter-statement to the records. The right to restriction of processing pursuant to § 53 shall not exist insofar as this right is likely to render impossible or seriously impair the achievement of the archival purposes in the public interest and the exceptions are necessary for the fulfilment of those purposes.
(7)The controller may only publish personal data for scientific or historical research purposes where the data subject has consented or where this is indispensable for the presentation of research results on events of contemporary history. zur Einzelansicht § 45