§ 12 DSG LSA
Restriction of the right to erasure pursuant to Article 17
(1)of Regulation (EU) 2016/679
(2)Where, in the case of non-automated data processing, erasure is not possible or is possible only with disproportionately high effort due to the special nature of the storage, and the interest of the data subject in erasure is to be regarded as minor, there shall be no right of the data subject to, and no obligation of the controller to, erasure of personal data pursuant to Article 17(1) of Regulation (EU) 2016/679. In such a case, restriction of processing pursuant to Article 18 of Regulation (EU) 2016/679 shall take the place of erasure.
(3)Insofar as public bodies are required by a legal provision to offer records to a public archive for acquisition, erasure of personal data shall, derogating from Article 17(1)(a) of Regulation (EU) 2016/679, be permissible only after the records have been offered to the competent archive and the archive has determined that they do not constitute archival material, or the determination has not been made within twelve months. During this period, the personal data shall be restricted in processing at the offering body. Erasure of personal data shall also be permissible where the competent public archive has, as a matter of principle, waived the offering of such data on grounds of their manifestly minor significance. zur Einzelansicht § 12 Abschnitt 4 Verantwortlicher und Auftragsverarbeiter (zu den Artikeln 25, 26, 32 und 34 der Verordnung (EU) 2016/679)