§ 11 SDSG
Restriction of the right of access of the data subject
(1)pursuant to Article 15 of Regulation (EU) 2016/679
(2)1Where the provision of information relates to the transmission of personal data to authorities of the public prosecution service, police departments, state fiscal authorities insofar as they process personal data for the purposes of the prevention, investigation, detection or 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 concerned, to other authorities of the Federal Minister of Defence, the controller shall decide on the provision of information with the consent of the bodies to which such data were transmitted. 2The same shall apply to the transmission of personal data from these authorities.
(3)Without prejudice to the provisions of Regulation (EU) 2016/679, the right of access shall not apply insofar as 1. the information would jeopardise the proper fulfilment of tasks of threat prevention, or the prevention, investigation, detection or prosecution of criminal offences, administrative offences or professional misconduct, or the execution of criminal penalties, 2. the information would endanger public security and order, national defence or an important economic or financial interest of a Land, the Federation or the European Union, including monetary, budgetary and fiscal matters, 3. personal data or the fact of their storage must be kept secret for the protection of the data subject, or 4. personal data are processed exclusively for purposes of data security or data protection supervision, the provision of information would require disproportionate effort, and processing for other purposes is excluded by appropriate technical and organisational measures.
(4)1The refusal to provide information need not include a statement of reasons insofar as the reasons for refusal would jeopardise the purpose of the refusal. 2Where no information is provided to the data subject, such information shall, at the request of the data subject, be provided to the State Commissioner for Data Protection, with the proviso that neither the information nor the reasons for the refusal shall be communicated by the State Commissioner for Data Protection to the data subject. 3The notification from the State Commissioner for Data Protection to the data subject shall not allow any conclusions to be drawn as to the knowledge of the public bodies referred to in paragraph 1 sentence 1, unless the latter consent to more extensive disclosure. 4The information to the State Commissioner for Data Protection shall not be provided where the competent supreme Land authority determines in the individual case that this would endanger the security of the Federation or a Land in matters that do not fall within the scope of application of Regulation (EU) 2016/679. 5The reasons for the refusal pursuant to sentences 1 and 4 shall be recorded in the files.
(5)Regarding personal data that are not processed by automated means and are also not stored or intended to be stored in a filing system, information shall only be provided insofar as the data subject provides details that enable the data to be found and the effort required for the provision of information is not manifestly disproportionate to the information interest asserted. zur Einzelansicht § 11