§ 46 LDSG RP
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 relating to 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 the assessment, but the fact that the statement or assessment was made. Where the accuracy or inaccuracy of the data cannot be established, restriction of processing shall take the place of rectification. In such cases, the controller shall inform the data subject before lifting the restriction. The data subject may also request the completion of incomplete personal data, taking into account the purposes of the processing, where this is appropriate.
(3)The data subject shall have the right to obtain from the controller without undue delay the erasure of data relating to him or her where their processing is unlawful, their knowledge is no longer necessary for task performance, 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 are grounds for believing that erasure would impair the legitimate interests of a data subject, 2. the data must continue to be preserved for evidentiary purposes in proceedings serving the purposes referred to in Section 26(1), or 3. erasure is not possible or only possible with disproportionate effort due to the particular nature of the storage. Data whose processing has been restricted pursuant to sentence 1 may only be processed for the purpose that precluded their erasure.
(5)In the case of automated filing systems, it shall be ensured by technical means that a 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. The recipient shall rectify the data, erase them or restrict their processing. In cases of rectification, erasure or restriction of processing pursuant to paragraphs 1 to 3, the controller shall notify other recipients to whom the data have been transmitted of such measures.
(7)The controller shall inform the data subject in writing about the refusal to rectify or erase personal data or about the restriction of processing in their place. 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 refusal to provide notification.
(8)Section 45(7) and (8) shall apply accordingly. zur Einzelansicht § 46