§ 11 DSG LSA
Restriction of the right of access of the data subject
(1)pursuant to Article 15 of Regulation (EU) 2016/679
(2)Where information requested pursuant to Article 15 of Regulation (EU) 2016/679 relates to personal data that have been transmitted to constitutional protection authorities, the Federal Intelligence Service, the Military Counter-Intelligence Service or, insofar as the security of the Federation is concerned, the Federal Ministry of Defence or an authority within its portfolio, it shall be permissible only with the consent of that body. Where consent is not granted, the State Commissioner for Data Protection shall be informed thereof.
(3)The controllers may refuse the provision of information to the extent and for as long as 1. the information would endanger public safety or otherwise be detrimental to the welfare of the Federation or of a Land, or 2. the information would jeopardise the prosecution of criminal offences or administrative offences, or 3. the information would lead to the disclosure of a matter that must be kept secret pursuant to a legal provision or because of the rights and freedoms of another person. Furthermore, the provision of information on personal data that are processed exclusively for the purposes of data security or data protection supervision and are protected against processing for other purposes by appropriate technical and organisational measures may be refused where the provision of information would require disproportionate effort. The provision of information shall not be made where the data subject does not provide information enabling the data to be found, or the effort required for the provision of information is disproportionate to the information interest asserted by the data subject.
(4)The refusal of the provision of information shall not require a statement of reasons insofar as the purpose of the refusal would be jeopardised by the statement of the factual and legal reasons on which the decision is based. In such a case, the data subject shall be advised that he or she may contact the State Commissioner for Data Protection.
(5)Where no information is provided to the data subject, it shall, at the request of the data subject, be provided to the State Commissioner for Data Protection, unless the respective competent supreme Land authority determines in the individual case that the security of the Federation or of a Land would thereby be endangered. The communication of the State Commissioner for Data Protection to the data subject shall not allow conclusions to be drawn as to the state of knowledge of the controller, unless the latter has consented to more extensive information. zur Einzelansicht § 11