§ 12 LDSG RP
Right of Access of the Data Subject
(1)under Article 15 of the General Data Protection Regulation
(2)Where a request for information pursuant to Article 15 of the General Data Protection Regulation relates to personal data that have been transmitted to 1. a public prosecution authority, a police service or another body competent for the prosecution of criminal offences, 2. an intelligence agency, the Federal Intelligence Service or the Military Counter-Intelligence Service, or 3. the Federal Ministry of Defence or an authority within its subordinate area, agreement shall be reached with that authority before the information is provided. In the case of sentence 1 No. 3, this shall only be necessary where the provision of information could affect the security of the Federation. Sentences 1 and 2 shall apply accordingly to personal data transmitted by an authority referred to in sentence 1.
(3)The controller may refuse to provide information insofar as and for as long as 1. the information would endanger public security or otherwise be detrimental to the interests of the Federation or of a Land, 2. the information would jeopardize the prosecution of criminal offences or administrative offences, or 3. the information would lead to the disclosure of matters that must be kept secret pursuant to a legal provision or because of the rights and freedoms of another person. Information may also be refused regarding personal data that are processed exclusively for the purposes of ensuring data security or data protection monitoring and are protected by appropriate technical and organisational measures against processing for other purposes, where the provision of information would require disproportionate effort.
(4)The refusal of information shall be justified, unless the communication of the reasons would jeopardize the purpose pursued by the refusal of information. Where the refusal of information is not justified pursuant to sentence 1, the reasons therefor shall be recorded in the files. The data subject shall be informed that he or she may turn to the State Commissioner for Data Protection and Freedom of Information.
(5)Where the data subject is not provided with information, the information shall, at the request of the data subject, be provided to the State Commissioner for Data Protection and Freedom of Information, unless the competent supreme Land authority determines in an individual case that the provision of information would endanger the security of the Federation or of a Land. Where the State Commissioner for Data Protection and Freedom of Information is not provided with information, the reasons therefor shall be recorded in the files. The communication of the State Commissioner for Data Protection and Freedom of Information to the data subject shall not permit any conclusions as to the level of knowledge of the controller, unless the controller consents to more extensive information. zur Einzelansicht § 12