§ 53 HDSIG
Rights to Rectification and Erasure
(1)and Restriction of Processing
(2)The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate data concerning him or her. In particular in the case of statements or assessments, the question of accuracy does not concern the content of the statement or assessment. Where the accuracy or inaccuracy of the data cannot be established, restriction of processing shall take the place of rectification. In this case, the controller shall inform the data subject before lifting the restriction. The data subject may also request the completion of incomplete personal data where this is appropriate having regard to the purposes of the processing.
(3)The data subject shall have the right to obtain from the controller without undue delay the erasure of data concerning him or her where their processing is unlawful, their knowledge is no longer necessary for the performance of the tasks, or they must be erased in order to comply with a legal obligation.
(4)Instead of erasing the personal data, the controller may restrict their processing where 1. there is reason to believe that erasure would impair the legitimate interests of a data subject, 2. the data must continue to be retained for evidentiary purposes, or 3. erasure is not possible or is only possible with disproportionately high effort due to the particular manner of storage. Data whose processing has been restricted under sentence 1 may only be processed for the purpose that precluded their erasure or otherwise with the consent of the data subject.
(5)In the case of automated filing systems, technical measures shall ensure that the restriction of processing is clearly recognisable and that processing for other purposes is not possible without further review.
(6)Where the controller has carried out a rectification, he or she shall notify the body that previously transmitted the personal data of the rectification. In cases of rectification, erasure or restriction of processing under para. 1 to 3, the controller shall notify recipients to whom the data were transferred of these measures. The recipient shall rectify, erase or restrict the processing of the data.
(7)The controller shall inform the data subject in writing of a refusal to rectify or erase personal data or of a restriction of processing replacing them. This shall not apply where even the provision of this information would entail a risk within the meaning of § 51 para. 2. The information under sentence 1 shall be reasoned, unless the communication of the reasons would jeopardise the purpose pursued by refraining from providing the information.
(8)§ 52 para. 7 and 8 shall apply accordingly. zur Einzelansicht § 53