(1) The data subject’s right of access to information concerning the categories of data transferred and concerning the recipients of the data under Article 15 (1) (b) and (c) of Regulation (EU) 2016/679 does not exist where
1. information has been provided from the population register by non-automated means in accordance with section 46 and section 50 (1) to (3),
2. there has been a non-automated data transfer in accordance with section 34 or non-automated disclosure of data in accordance with section 37 (1) or
3. the requesting body is one of the authorities referred to in section 34 (4) sentence 1.
Information concerning the automated provision of information from the population register and concerning data transfers using an automated retrieval procedure is provided by public bodies only during the period when logging data are retained in accordance with section 40 (5).
(2) The data subject’s right of access under Article 15 of Regulation (EU) 2016/679 does not exist
1. if the data subject is not permitted inspection of a civil status register under section 63 (1) and (3) of the Civil Status Act (Personenstandsgesetz),
2. in the cases referred to in section 1758 of the Civil Code (Bürgerliches Gesetzbuch),
3. if the data relate to a legal representative, spouse, life partner or minor children and a block on releasing information within the meaning of section 51 or a conditional block on releasing information within the meaning of section 52 has been entered for this group of persons or
4. if the data subject’s interest in receiving the information does not prevail because
a) providing the information would jeopardise the proper carrying out of tasks within the meaning of Article 23 (1) (e) of Regulation (EU) 2016/679 for which the registration authority is responsible,
b) providing the information would jeopardise public safety or order or would otherwise be detrimental to the welfare of the Federation or a Land,
c) providing the information would jeopardise criminal investigations or
d) the data or the fact of their storage, in particular owing to the overriding legitimate interests of a third party, must be kept secret by law or owing to the nature of the data.
(3) The provision of information about the source of data is permissible only with the consent of the body transferring the data if the data were transferred to the registration authority by
1. the police authorities of the Federation and the Länder,
2. public prosecution offices,
3. public prosecutors at local courts,
4. the domestic intelligence agencies of the Federation and the Länder,
5. the Federal Intelligence Service,
6. the Military Counterintelligence Service,
7. the Customs Investigations Service,
8. the main customs offices or
9. the tax authorities if they carry out law enforcement tasks.
The same applies to the provision of information about the recipient of the data where they are transferred to the authorities referred to in sentence 1. Consent may be refused only under the conditions described in subsections (1) and (2).
(4) No reason for refusing to provide information need be given where providing a reason in fact and in law on which the decision is based would undermine the intended purpose of refusing to provide the information. In such cases, the data subject is to be referred to the body responsible for overseeing compliance with data protection law at the registration authority. The notification from this body to the data subject may 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.
(5) If no information is provided to the data subject, then at his or her request the information is to be provided to the body referred to in subsection (4) sentence 2. If the responsible supreme Land authority determines in the individual case that this would threaten the security of the Federation or of a Land, the Land data protection commissioner is personally informed.