Personenbezogene Daten - Sperrung von Daten
Inhalt
Begriffe im Kontext
Fachlich freigegeben am
Fachlich freigegeben durch
- § Section 19 of the Hessian Data Protection Act (HDSG) (correction, blocking and deletion)
- § Section 12 of the Federal Constitution Protection Act (BVerfSchG) (Federal Office for the Protection of the Constitution)
- § Section 35 of the Federal Police Act (BPolG) (Federal Police)
- § Section 32 of the Federal Criminal Police Office Act (BKAG) (Federal Criminal Police Office)
- § Section 33 of the Federal Criminal Police Office Act (BKAG) (Federal Criminal Police Office)
- § Section 489 of the Code of Criminal Procedure (StPO) (criminal courts, criminal prosecution authorities)
Every public body of the Federal Government, the State of Hesse, the municipalities and districts is obliged to block the data stored about you if
- you dispute the accuracy of the stored data and neither the accuracy nor the inaccuracy can be established
- its processing is inadmissible and deletion would impair your ability to exercise your rights.
What happens after the data is blocked?
Blocking the data means that it may only be processed without your consent in exceptional cases regulated by law. The recipients of the transferred data must be informed of the blocking of your data, unless the notification proves to be impossible or requires a disproportionately high effort.
The same applies if the public body stores data about you in files without permission or if your data stored in files is no longer required for the fulfillment of tasks. This also applies if destroying the entire file is out of the question and your interests worthy of protection would be impaired without blocking.
Miscellaneous
According to Section 35 of the Federal Data Protection Act, you also have a right to block the data stored about you vis-à-vis non-public bodies (i.e. companies) if
- in the event of your request for deletion, the deletion conflicts with legal, statutory or contractual retention periods,
- there is reason to assume that deletion would impair your legitimate interests,
- deletion is not possible or only possible with disproportionate effort due to the special type of storage
- you dispute their accuracy and neither their accuracy nor their inaccuracy can be established.
You can initiate the blocking of data by submitting a request to the respective body (authority or company) that has stored data about you. The request can be made informally in writing, verbally, by telephone or electronically.