FDPA Part 2 - Chapter 2 - § 32
Information to be provided where personal data are collected from the data subject
- In addition to the exception in Article 13 (4) of Regulation (EU) 2016/679, the obligation to provide information to the data subject according to Article 13 (3) of Regulation (EU) 2016/679 shall not apply if providing information about the planned further use
- concerns the further processing of data stored in analogue form, for which the controller directly contacts the data subject through the further processing; the purpose is compatible with the original purpose for which the data were collected in accordance with Regulation (EU) 2016/679; the communication with the data subject does not take place in digital form; and the interest of the data subject in receiving the information can be regarded as minimal, given the circumstances of the individual case, in particular with regard to the context in which the data were collected;
- would, in the case of a public body, endanger the proper performance of tasks as referred to in Article 23 (1) (a) to (e) of Regulation (EU) 2016/679 for which the controller is responsible, and the controller’s interests in not providing the information outweigh the interests of the data subject;
- would endanger public security or order or would otherwise be detrimental to the welfare of the Federation or a Land, and the controller’s interests in not providing the information outweigh the interests of the data subject;
- would interfere with the establishment, exercise or defence of legal claims, and the controller’s interests in not providing the information outweigh the interests of the data subject; or
- would endanger a confidential transfer of data to public bodies.
- 1If information is not provided to the data subject pursuant to subsection 1, the controller shall take appropriate measures to protect the legitimate interests of the data subject, including providing the information referred to in Article 13 (1) and (2) of Regulation (EU) 2016/679 for the public in precise, transparent, understandable and easily accessible form in clear and simple language. 2The controller shall set down in writing the reasons for not providing information. 3The first and second sentences shall not apply in the cases of subsection 1 nos. 4 and 5.
- If notification is not provided in the cases of subsection 1 because of a temporary obstacle, the controller shall meet the obligation to provide information, while taking into account the specific circumstances of processing, within an appropriate period after the obstacle has ceased to exist, but no later than two weeks.