(1) Where the analysis of a matter reported under section 43 has not yet been concluded, the Financial Intelligence Unit may, on request, give the data subject information on the information held on him or her, where this does not impair the purpose of the analysis. Where it gives the data subject information, it shall render unrecognisable the personal data of the individual who filed the report under section 43(1).
(2) Where the analysis of a matter reported under section 43 has been concluded but has not been transmitted to the law enforcement authority, the Financial Intelligence Unit may, on request of the data subject, give information on the information held on him or her. It shall refuse the information where its disclosure would have negative effects on 1. international relations, 2. concerns of the internal or external security of the Federal Republic of Germany, 3. the conduct of another criminal investigation, or 4. the conduct of ongoing court proceedings. In the information it gives, it shall render unrecognisable the personal data of the individual who filed a report under section 43(1) or who complied with a request for information from the Financial Intelligence Unit. On application of the data subject, it may permit exceptions to the third sentence where interests of the data subject warranting protection outweigh other considerations.
(3) The Financial Intelligence Unit is no longer authorised to give the data subject information once it has transmitted the matter concerned to the law enforcement authority. Where the proceedings have been concluded by the public prosecutor's office or the court, the Financial Intelligence Unit is again authorised to provide information to the data subject. In that case subsection (2) applies correspondingly.
(4) Where the person who has filed a report under section 43(1), or who has internally reported such a matter to the obliged entity, is in an employment relationship with the obliged entity, no disadvantage may arise to that person in the employment relationship as a result of the report.
(5) A person who, on account of filing a report under section 43(1) or of internally reporting such a matter to the obliged entity, is subjected, contrary to the prohibition of disadvantage under subsection (4), to a disadvantage in connection with his or her employment relationship, has the right to lodge a complaint with the competent supervisory authority under section 50. This is without prejudice to recourse to the courts. The confidential information system of the supervisory authority under section 53(1), second sentence is available to the complainant for lodging a complaint under the first sentence.
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Section 49
Access to Information and Protection of Reporting Employees
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