§ 11 HmbDSG
Data processing for the purposes of scientific
(1)and historical research and statistics
(2)The bodies referred to in Section 2(1) may process personal data, including data within the meaning of Article 9(1) of Regulation (EU) 2016/679, without consent for specific projects for scientific or historical research purposes, insofar as the legitimate interests of the data subjects are not impaired due to the nature of the data, their public availability or the manner of use. Consent shall also not be required where the public interest in carrying out the research project substantially outweighs the legitimate interests of the data subject and the purpose of the research cannot be achieved by other means or would be substantially impaired. The personal data transmitted to the bodies referred to in sentence 1 may only be further transmitted or processed for a purpose other than the original purpose with the consent of the data subjects.
(3)Personal data, including data within the meaning of Article 9(1) of Regulation (EU) 2016/679, shall, insofar as and as soon as the research or statistical purpose permits, be altered in such a way that the individual details relating to personal or factual circumstances can no longer be attributed to a specific or identifiable natural person (anonymisation), unless legitimate interests of the data subject oppose this. Otherwise they shall be pseudonymised as soon as possible (Article 4, number 5, of Regulation (EU) 2016/679). Characteristics by means of which individual details relating to personal or factual circumstances can be attributed to a specific or identifiable natural person may only be combined with the individual details insofar as the research or statistical purpose or the legitimate interests of the data subject so require. Section 22(2) of the Federal Data Protection Act shall apply mutatis mutandis.
(4)Public bodies engaged in scientific or historical research or statistics may only publish personal data where 1. the data subject has given consent, or 2. this is indispensable for the presentation of research findings on events of contemporary history.
(5)Personal data may only be transmitted to third parties or bodies that are not subject to the provisions of this Act if such parties or bodies commit themselves to comply with the provisions of paragraphs 2 and 3.
(6)The right of access pursuant to Article 15 of Regulation (EU) 2016/679, of rectification pursuant to Article 16 of Regulation (EU) 2016/679, of restriction of processing pursuant to Article 18 of Regulation (EU) 2016/679 and of objection pursuant to Article 21 of Regulation (EU) 2016/679 shall not apply insofar as the exercise of these rights is likely to render impossible or seriously impair the achievement of the scientific or historical research purpose or the statistical purpose. zur Einzelansicht § 11