§ 45 LDSG RP
Right of Access
(1)The controller shall, upon request, inform data subjects as to whether it processes data relating to them. Data subjects shall, in addition, have the right to receive information on 1. the personal data which are the subject of the processing and the category to which they belong, 2. the available information about the origin of the data, 3. the purposes of the processing and the legal basis thereof, 4. the recipients or categories of recipients to whom the data have been disclosed, in particular recipients in third countries or international organisations, 5. the period for which the data will be stored or, where this is not possible, the criteria used to determine that period, 6. the existence of a right to rectification, erasure or restriction of processing of the data by the controller, 7. the right to lodge a complaint with the State Commissioner for Data Protection and Freedom of Information under Section 48, and 8. details on how to reach the State Commissioner for Data Protection and Freedom of Information.
(2)Paragraph 1 shall not apply to personal data which are processed only because they may not be erased due to statutory retention provisions, or which serve exclusively purposes of data security or data protection monitoring, where the provision of information would require disproportionate effort and processing for other purposes is excluded by appropriate technical and organisational measures.
(3)Information need not be provided where the data subject does not provide details enabling the data to be found and the effort required to provide the information would be disproportionate to the information interest asserted by the data subject. The data subject shall be given the opportunity to specify the request for information before information is withheld.
(4)The controller may, under the conditions of Section 44(2), refrain from providing information under paragraph 1 sentence 1 or restrict the provision of information under paragraph 1 sentence 2 in whole or in part.
(5)Section 44(3) shall apply accordingly.
(6)The controller shall inform the data subject in writing without delay about the withholding of or restriction of information. This shall not apply where the provision of that information itself would entail a risk within the meaning of Section 44(2). The notification under sentence 1 shall be reasoned, unless the communication of the reasons would jeopardize the purpose pursued by the withholding of or restriction of information.
(7)Where the data subject is informed under paragraph 6 about the withholding of or restriction of information, he or she may also exercise his or her right of access through the State Commissioner for Data Protection and Freedom of Information. The controller shall inform the data subject of this possibility and of the fact that he or she may lodge a complaint with the State Commissioner for Data Protection and Freedom of Information under Section 48 or seek judicial remedy. Where the data subject exercises his or her right under sentence 1, the information shall, at his or her request, 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 this 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 State Commissioner for Data Protection and Freedom of Information shall inform the data subject at least that a review has been carried out by him or her. This communication may contain information as to whether data protection violations were identified. 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. The controller may only refuse consent insofar and for as long as he or she could refrain from or restrict information under paragraph 4. The State Commissioner for Data Protection and Freedom of Information shall also inform the data subject of his or her right to seek judicial remedy.
(8)The controller shall document the factual or legal reasons for the decision. zur Einzelansicht § 45