§ 8 LDSG SH
Restriction of the duty to inform
(1)The duty to inform the data subject pursuant to Article 13(3) or Article 14(1), (2) and (4) of Regulation (EU) 2016/679 shall not apply, in addition to the exceptions referred to in Article 13(4) or Article 14(5) of Regulation (EU) 2016/679, where 1. providing the information would jeopardise the orderly performance of the tasks within the competence of the controller within the meaning of Article 23(1)(a) to (f) of Regulation (EU) 2016/679 and the interests of the controller in not providing the information outweigh the interests of the data subject, 2. providing the information would endanger public security or order or otherwise seriously prejudice the welfare of the Federation or a Land and the interests of the controller in not providing the information outweigh the interests of the data subject, or 3. the personal data or the fact of their processing must be kept confidential pursuant to a legal provision or on account of the rights and freedoms of other persons.
(2)Where the provision of information relates to the transmission of personal data to and from public prosecution offices, police authorities and other bodies responsible for the prosecution of criminal offences, constitutional protection authorities, the Federal Intelligence Service, the Military Counter-Intelligence Service, and, insofar as the security of the Federation is affected, other authorities within the portfolio of the Federal Ministry of Defence, such provision of information shall be permissible only with the consent of those bodies.
(3)The controller shall document the reasons for refraining from providing information. Where the duty to inform does not apply pursuant to paragraph 1, the controller shall set an appropriate period for reviewing whether the conditions of paragraph 1 still apply, unless the impediment is permanent. Where the conditions of paragraph 1 are still met at the time of the review, a new review period shall be set. Where there is no longer an impediment, the controller shall provide the information to the data subject retroactively.
(4)In the context of their judicial activities, the courts shall fulfil their duty to inform within the meaning of paragraph 1 vis-a-vis third parties not involved in the proceedings by means of a procedure pursuant to § 31. zur Einzelansicht § 8