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FDPA Part 3 - Chapter 3 - § 57

Right of access

  1. 1The controller shall inform data subjects on request whether data concerning them are being processed. 2Data subjects shall also have the right to information about
    1. the personal data being processed and the categories to which they belong;
    2. the available information on the origin of the data;
    3. the purposes of and legal basis for the processing;
    4. the recipients or categories of recipients to whom the data have been disclosed, in particular recipients in third countries or international organizations;
    5. the period for which the data will be stored, or if that is not possible, the criteria used to determine that period;
    6. the existence of the right to rectification or erasure of data or restriction of processing of data by the controller;
    7. the right pursuant to Section 60 to lodge a complaint with the Federal Commissioner, and
    8. the contact details of the Federal Commissioner.
  2. Subsection 1 shall not apply to personal data recorded only because they may not be erased due to legal or statutory provisions on retention, or only for purposes of monitoring data protection or safeguarding data, if providing information would require a disproportionate effort, and appropriate technical and organizational measures make processing for other purposes impossible.
  3. No information shall be provided if the data subject does not provide information enabling the data to be located and if the effort required is therefore disproportionate to the data subject’s interest in the information.
  4. Subject to the conditions of Section 56 (2), the controller may dispense with the provision of information pursuant to subsection 1, first sentence, or restrict, wholly or partly, the provision of information pursuant to subsection 1, second sentence.
  5. If the information to be provided relates to the transfer of personal data to the authorities for the protection of the Constitution, the Federal Intelligence Service, the Military Counterintelligence Service and, as far as the security of the Federation is affected, other authorities of the Federal Ministry of Defence, such provision shall be permitted only with the approval of these bodies.
  6. 1The controller shall notify the data subject, without delay, in writing of any refusal or restriction of access. 2This shall not apply if providing this information would entail a threat as referred to in Section 56 (2). 3The notification pursuant to the first sentence shall include the reasons for the refusal or the restriction unless providing the reasons would undermine the intended purpose of the refusal or restriction of access.
  7. 1If the data subject is notified pursuant to subsection 6 of the refusal or restriction of access, he or she may exercise his or her right of access also via the Federal Commissioner. 2The controller shall inform the data subject of this possibility and that, in accordance with Section 60, the data subject may lodge a complaint with the Federal Commissioner or seek a judicial remedy. 3If the data subject exercises his or her right pursuant to the first sentence, the information shall be provided to the Federal Commissioner at the request of the data subject, unless the responsible supreme federal authority determines in the individual case that doing so would threaten the security of the Federation or a Land. 4The Federal Commissioner shall at least inform the data subject that all necessary checks have been conducted or that the Federal Commissioner has conducted a review. 5This notification may include information as to whether violations of data protection law were found. 6The notification from the Federal Commissioner to the data subject shall not permit any conclusions to be drawn concerning the information held by the controller unless the latter agrees to the provision of more extensive information. 7The controller may refuse to such provision only as far as and for as long as he or she could dispense with or restrict information pursuant to subsection 4. 8The Federal Commissioner shall also inform the data subject of his or her right to seek a judicial remedy.
  8. The controller shall document the factual or legal reasons on which the decision is based.