§ 24 SDSG
Processing for archival purposes
(1)Personal data may be processed for archival purposes in the public interest insofar as appropriate safeguards for the rights of the data subjects are provided.
(2)1By derogation from Article 9(1) of Regulation (EU) 2016/679, the processing of special categories of personal data within the meaning of Article 9(1) of Regulation (EU) 2016/679 shall be lawful where it is necessary for archival purposes in the public interest. 2The controller shall provide for appropriate and specific measures to safeguard the rights of the data subject pursuant to Section 8(2).
(3)1A right of access of the data subject pursuant to Article 15 of Regulation (EU) 2016/679 shall not apply insofar as the archival material is not indexed by the name of the person or where no information is provided that would enable the relevant archival material to be found without disproportionate effort. 2The right of access shall furthermore not apply in the cases referred to in Section 11(2). 3Section 11(3) shall apply accordingly. 4After the death of the data subject, the right of access pursuant to sentence 1 may be exercised by the spouse, the registered partner, the children or the parents, where they can credibly demonstrate a legitimate interest therein.
(4)1A right of rectification of the data subject pursuant to Article 16 of Regulation (EU) 2016/679 shall not apply. 2The data subject may request that a counter-statement be appended to the archival material relating to him or her where the data subject credibly disputes the accuracy of the information concerning him or her. 3After the death of the data subject, the appending of a counter-statement may be requested by the spouse, the registered partner, the children or the parents, where they can credibly demonstrate a legitimate interest therein.
(5)The rights provided for in Articles 18, 19, 20 and 21 of Regulation (EU) 2016/679 shall not apply insofar as these rights are likely to render the archival purposes in the public interest impossible or seriously impair them.
(6)1Insofar as public bodies are obligated, pursuant to a legal provision, to offer stored personal records to an archive for transfer, erasure or destruction of personal data shall only be permissible after the records have been offered to the archive and have not been accepted as worthy of archiving by the archive. 2This shall also apply where the archive has not decided on the transfer within a period specified by law. zur Einzelansicht § 24