§ 9 DSG LSA
Lawfulness of the processing of special categories
(1)of personal data The processing of special categories of personal data within the meaning of Article 9(1) of Regulation (EU) 2016/679 shall be lawful insofar and for as long as it is necessary for 1. the exercise of rights and the fulfilment of obligations arising from the law of social security and social protection, 2. the exercise of rights and the fulfilment of obligations of public bodies in the field of service and labour law, 3. the purpose of preventive health care or occupational medicine, the assessment of the working capacity of employees, medical diagnostics, the provision of care or treatment in the health or social sector, or the management of systems and services in the health and social sector, or on the basis of a contract between the data subject and a health professional, where such data are processed by medical personnel or by other persons who are subject to an obligation of secrecy, or under their responsibility, 4. reasons of public interest in the area of public health and protection against infection, such as protection against serious cross-border health threats, or ensuring high standards of quality and safety of health care and of medicinal products and medical devices, 5. the prevention of substantial detriment to the common good or a present substantial danger to public safety, or 6. the prosecution of criminal offences or administrative offences, the enforcement or execution of sentences or of measures within the meaning of Section 11(1), number 8, of the Criminal Code, or of educational measures or disciplinary measures within the meaning of the Youth Courts Act, or the enforcement of fines. Where the processing of special categories of personal data is lawful pursuant to sentence 1, the processing of special categories of personal data may also take place for the purposes referred to in Section 7(1). zur Einzelansicht § 9 Abschnitt 3 Beschränkung der Informationspflicht, des Auskunftsrechts und des Rechts auf Löschung (zu den Artikeln 13 bis 15 und 17 der Verordnung (EU) 2016/679)