Right to rectification, erasure, restriction of processing and objection

(1) Where erasure of social data is, in the case of non-automated data processing, not possible, or possible only with disproportionately high effort, because of the special manner of storage, and the interest of the person concerned in erasure is to be regarded as minor, the right of the person concerned to, and the duty of the controller to carry out, erasure of social data under Article 17(1) of Regulation (EU) 2016/679 does not exist, in addition to the exceptions named in Article 17(3) of Regulation (EU) 2016/679. In that case, restriction of processing under Article 18 of Regulation (EU) 2016/679 takes the place of erasure. The first and second sentences do not apply where the social data were processed unlawfully.
(2) Where the correctness of social data is disputed by the person concerned, and neither the correctness nor the incorrectness of the data can be established, it applies, in addition to Article 18(1), letter a) of Regulation (EU) 2016/679, that this does not effect a restriction of processing insofar as the performance of social functions is concerned; the unresolved state of affairs must be recorded in a suitable manner. The disputed data may be processed only with a notice to this effect.
(3) In addition to Article 18(1), letters b) and c) of Regulation (EU) 2016/679, subsection (1), first and second sentences apply correspondingly in the case of Article 17(1), letters a) and d) of Regulation (EU) 2016/679, for as long as, and insofar as, the controller has reason to assume that erasure would impair interests of the person concerned worthy of protection. The controller informs the person concerned of the restriction of processing, unless the information proves impossible or would require disproportionate effort.
(4) Where social data are no longer necessary for the purposes for which they were collected or otherwise processed, subsection (1) applies correspondingly, in addition to Article 17(3), letter b) of Regulation (EU) 2016/679, where constitutional or contractual retention periods preclude erasure.
(5) The right to object under Article 21(1) of Regulation (EU) 2016/679 as against a public body does not exist insofar as a compelling public interest exists in the processing that outweighs the interests of the person concerned, or a legal provision obliges the processing of social data.
(6) Section 71(1), third sentence remains unaffected.