Duties to inform where social data were not collected from the person concerned

(1) The duty of a body named in section 35 of the First Book to inform the person concerned under Article 14(1), (2) and (4) of Regulation (EU) 2016/679 does not exist, in addition to the exceptions named in Article 14(5) of Regulation (EU) 2016/679, 1. insofar as giving the information would a) endanger the proper performance of the functions falling within the competence of the controller, or b) endanger public security or order, or otherwise cause disadvantage to the welfare of the Federation or of a Land; or 2. insofar as the data, or the fact of their storage, must be kept secret under a legal provision or by their nature, in particular because of the predominant legitimate interests of a third party, and the interest of the person concerned in the giving of the information must therefore give way.
(2) Where social data are collected from a non-public body, that body must be informed of the legal provision obliging it to give information, or otherwise of the voluntary nature of doing so.
(3) Where information is not given to the person concerned under subsection (1), the controller takes appropriate measures to protect the legitimate interests of the person concerned, including making available to the public the information named in Article 14(1) and (2) of Regulation (EU) 2016/679, in a precise, transparent, intelligible and easily accessible form, in clear and plain language. The controller records in writing the reasons for which it refrained from giving information.
(4) In relation to the duty to inform under Article 14(1), letter e) of Regulation (EU) 2016/679, section 82(1) applies correspondingly.
(5) Where the giving of information relates to the transmission of social data by public bodies to public prosecution offices and courts in the field of criminal prosecution, to police authorities, the authorities for the protection of the constitution, the Federal Intelligence Service and the Military Counter-Intelligence Service, it is permissible only with the consent of those bodies.