(1) The Financial Intelligence Unit shall note, in an appropriate manner, where 1. it establishes that personal data that are neither processed by automated means nor stored in an automated file are inaccurate, or 2. the accuracy of personal data that are neither processed by automated means nor stored in an automated file is disputed by the data subject.
(2) The Financial Intelligence Unit shall restrict the processing of personal data that are neither processed by automated means nor stored in an automated file where it establishes, in the individual case, that 1. without the restriction of processing, interests of the data subject warranting protection would be impaired, and 2. the data are no longer necessary for the performance of its tasks. The personal data shall also be restricted in processing where an obligation to delete them exists under section 37(2).
(3) The Financial Intelligence Unit shall destroy the documents containing personal data in accordance with the provisions on the retention of records, where those documents are, taken as a whole, no longer necessary for the performance of the tasks of the Financial Intelligence Unit.
(4) Destruction shall not take place where 1. indications exist that interests of the data subject warranting protection would otherwise be impaired, or 2. the data are required for ongoing research work. In these cases the Financial Intelligence Unit shall restrict the processing of the data and shall mark the documents with a note of restriction. Section 37(3), second and third sentences apply correspondingly to the restriction.
(5) Instead of destruction under subsection (3), the documents shall be handed over to the competent archive, insofar as they are of lasting value within the meaning of section 3 of the Federal Archives Act of 10 March 2017 (Federal Law Gazette I, p. 410), as last amended by Article 1 of the Act of 9 April 2021 (Federal Law Gazette I, p. 750), as amended from time to time.
(6) Where personal data that were inaccurate or that were to be deleted or restricted in processing have been transmitted, section 37(7) applies correspondingly.
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Section 38
Rectification, Restriction of Processing and Destruction of Personal Data Neither Processed by Automated Means nor Stored in an Automated File
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