FDPA Part 2 - § 28
Data processing for archiving purposes in the public interest
1By derogation from Article 9 (1) of Regulation (EU) 2016/679, the processing of special categories of personal data as referred to in Article 9 (1) of Regulation (EU) 2016/679 shall be permitted if necessary for archiving purposes in the public interest. 2The controller shall take appropriate and specific measures to safeguard the interests of the data subject in accordance with Section 22 (2), second sentence.
- The right of access according to Article 15 of Regulation (EU) 2016/679 shall not apply if the archival material is not identified with the person’s name or no information is given which would enable the archival material to be found with reasonable administrative effort.
- 1The right of the data subject to rectification according to Article 16 of Regulation (EU) 2016/679 shall not apply if the personal data are processed for archiving purposes in the public interest. 2If the data subject disputes the accuracy of the personal data, he or she shall have the opportunity to present his or her version. 3The responsible archive shall be obligated to add this version to the files.
- The rights provided in Article 18 (1) (a), (b) and (d) and in Articles 20 and 21 of Regulation (EU) 2016/679 shall not apply as far as these rights are likely to render impossible or seriously impair the achievement of the archiving purposes in the public interest, and the exceptions are necessary to fulfil those purposes.