§ 34 LDSG SH
Rights to rectification and erasure, and restriction of processing
(1)The data subject shall have the right to obtain from the controller the rectification without undue delay of inaccurate data concerning 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 assessment. Where the accuracy or inaccuracy of the data cannot be established, restriction of processing shall take the place of rectification. In such a case, the controller shall inform the data subject before lifting the restriction. The data subject may also request the completion of incomplete personal data where this is appropriate in view of the processing purposes.
(2)The data subject shall have the right to obtain from the controller the erasure without undue delay of data concerning him or her where their processing is unlawful, their knowledge is no longer necessary for the performance of tasks, or they must be erased to comply with a legal obligation.
(3)Instead of erasing the personal data, the controller may restrict their processing where 1. there are grounds to believe that erasure would prejudice the legitimate interests of a data subject, 2. the data must be retained for evidentiary purposes in proceedings serving the purposes of § 20, or 3. erasure is not possible or would be possible only with disproportionate effort due to the particular manner of storage. Data whose processing has been restricted pursuant to sentence 1 may only be processed for the purpose which precluded their erasure.
(4)In the case of automated filing systems, it shall be ensured by technical means that a restriction of processing is clearly identifiable and that processing for other purposes is not possible without further review.
(5)Where the controller has made a rectification, it shall notify the body that previously transmitted the personal data of the rectification. In the event of rectification, erasure or restriction of processing pursuant to paragraphs 1 to 3, the controller shall notify recipients to whom the data have been transmitted of these measures. The recipient shall rectify, erase the data or restrict their processing.
(6)The controller shall inform the data subject in writing of a refusal to rectify or erase personal data or of a restriction of processing in lieu thereof. This shall not apply where the provision of such information would itself give rise to a risk within the meaning of § 32(2). The notification pursuant to sentence 1 shall be accompanied by reasons, unless stating the reasons would defeat the purpose pursued by the refusal to provide notification.
(7)§ 33(6) and (7) shall apply mutatis mutandis. zur Einzelansicht § 34