(1) The Financial Intelligence Unit shall rectify inaccurately stored personal data that it processes by automated means.
(2) The Financial Intelligence Unit shall delete stored personal data where the storage of that data is impermissible or where knowledge of that data is no longer necessary for the performance of its tasks.
(3) In place of deletion, the processing of the stored personal data shall be restricted where 1. indications exist that deletion would impair interests of a data subject warranting protection, 2. the data are required for ongoing research work, or 3. deletion is possible, on account of the particular manner of storage, only with disproportionate effort. Data subject to restricted processing may be processed only for the purpose for which deletion did not take place. They may also be processed insofar as this is essential for the conduct of ongoing criminal proceedings or the data subject consents to processing.
(4) The Financial Intelligence Unit shall examine, in the course of individual case processing and at fixed intervals, whether stored personal data are to be rectified, deleted, or restricted in processing.
(5) The periods shall commence on the day on which the Financial Intelligence Unit has completed the operational analysis under section 30.
(6) The Financial Intelligence Unit shall take appropriate measures to ensure that personal data that are inaccurate, incomplete, or restricted in processing are not transmitted. To that end it shall, insofar as feasible, check the quality of the data before their transmission. With every transmission of personal data it shall, where possible, add information enabling the recipient to assess the accuracy, completeness and reliability of the personal data.
(7) Where the Financial Intelligence Unit establishes that it has transmitted personal data that were inaccurate or that were to be deleted or restricted in processing, it shall notify the recipient of that data of the rectification, deletion, or restriction of processing, where notification is necessary to safeguard interests of the data subject warranting protection.
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Section 37
Rectification, Restriction of Processing and Deletion of Personal Data from Automated Processing and Where Stored in Automated Files
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