§ 16 HmbDSG
Restriction of the right of access
(1)Requests for the provision of information pursuant to Article 15 of Regulation (EU) 2016/679 may be refused to the extent and for as long as 1. the information would endanger public safety or otherwise be detrimental to the welfare of the Federation or of a Land, 2. the information would lead to the disclosure of facts that must be kept secret pursuant to a legal provision or because of the rights and freedoms of other persons, or 3. this is necessary for the prosecution of criminal offences and administrative offences.
(2)The refusal of information shall not require a statement of reasons insofar as the purpose of the refusal would be jeopardised by the statement of reasons. In such a case, the essential reasons for the decision shall be documented. Where no information is provided to the data subject, the data subject shall be advised that he or she may contact the Hamburg Commissioner for Data Protection and Freedom of Information. At the request of the data subject, the information shall be provided to the Commissioner for Data Protection and Freedom of Information, unless the competent authority determines in the individual case that the security of the Federation or of a Land would thereby be endangered.
(3)Where the information relates to the origin of personal data from the authorities for the protection of the constitution, the public prosecutor's office and the police, from the Land tax authorities insofar as they store personal data in the performance of their statutory tasks within the scope of application of the Fiscal Code for the purposes of monitoring and auditing, as well as from the Federal Intelligence Service, the Military Counter-Intelligence Service and, insofar as the security of the Federation is concerned, from other authorities of the Federal Ministry of Defence, agreement with these authorities shall be obtained beforehand. The same shall apply insofar as the information relates to the transmission of personal data to these authorities. zur Einzelansicht § 16