Section 22 - Processing of special categories of personal dataSection 23 - Processing for other purposes by public bodiesSection 24 - Processing for other purposes by private bodiesSection 25 - Transfer of data by public bodiesSection 26 - Data processing for employment-related purposesSection 27 - Data processing for purposes of scientific or historical research and for statistical purposesSection 28 - Data processing for archiving purposes in the public interestSection 29 - Rights of the data subject and powers of the supervisory authorities in the case of secrecy obligationsSection 30 - Consumer loansSection 31 - Protection of commercial transactions in the case of scoring and credit reportsSection 32 - Information to be provided where personal data are collected from the data subjectSection 33 - Information to be provided where personal data have not been obtained from the data subjectSection 34 - Right of access by the data subjectSection 35 - Right to erasureSection 36 - Right to objectSection 37 - Automated individual decision-making, including profilingSection 38 - Data protection officers of private bodiesSection 39 - AccreditationSection 40 - Supervisory authorities of the LänderSection 41 - Application of provisions concerning criminal proceedings and proceedings to impose administrative finesSection 42 - Penal provisionsSection 43 - Provisions on administrative finesSection 44 - Proceedings against a controller or processor
Section 45 - ScopeSection 46 - DefinitionsSection 47 - General principles for processing personal dataSection 48 - Processing of special categories of personal dataSection 49 - Processing for other purposesSection 50 - Processing for archiving, scientific and statistical purposesSection 51 - ConsentSection 52 - Processing on instructions from the controllerSection 53 - ConfidentialitySection 54 - Automated individual decisionSection 55 - General information on data processingSection 56 - Notification of data subjectsSection 57 - Right of accessSection 58 - Right to rectification and erasure and to restriction of processingSection 59 - Modalities for exercising the rights of the data subjectSection 60 - Right to lodge a complaint with the Federal CommissionerSection 61 - Legal remedies against decisions of the Federal Commissioner or if he or she fails to take actionSection 62 - Processing carried out on behalf of a controllerSection 63 - Joint controllersSection 64 - Requirements for the security of data processingSection 65 - Notifying the Federal Commissioner of a personal data breachSection 66 - Notifying data subjects affected by a personal data breachSection 67 - Conducting a data protection impact assessmentSection 68 - Cooperation with the Federal CommissionerSection 69 - Prior consultation of the Federal CommissionerSection 70 - Records of processing activitiesSection 71 - Data protection by design and by defaultSection 72 - Distinction between different categories of data subjectsSection 73 - Distinction between facts and personal assessmentsSection 74 - Procedures for data transfersSection 75 - Rectification and erasure of personal data and restriction of processingSection 76 - LoggingSection 77 - Confidential reporting of violationsSection 78 - General requirementsSection 79 - Data transfers with appropriate safeguardsSection 80 - Data transfers without appropriate safeguardsSection 81 - Other data transfers to recipients in third countriesSection 82 - Mutual assistanceSection 83 - CompensationSection 84 - Penal provisions

Section 33

Information to be provided where personal data have not been obtained from the data subject

(1) In addition to the exception in Article 14 (5) of Regulation (EU) 2016/679 and in Section 29 (1), first sentence, the obligation to provide information to the data subject according to Article 14 (1), (2) and (4) of Regulation (EU) 2016/679 shall not apply if providing information
1. in the case of a public body
a) would endanger the proper performance of tasks as referred to in Article 23 (1) (a) to (e) of Regulation (EU) 2016/679 for which the controller is responsible, or
b) would threaten the public security or order or otherwise be detrimental to the Federation or a Land, and therefore the data subject’s interest in receiving the information must not take precedence;
2. in the case of a private body
a) would interfere with the establishment, exercise or defence of legal claims, or processing includes data from contracts under private law and is intended to prevent harm from criminal offences, unless the data subject has an overriding legitimate interest in receiving the information; or
b) the responsible public body has determined with respect to the controller that disclosing the data would endanger public security or order or would otherwise be detrimental to the welfare of the Federation or a Land; in the case of data processing for purposes of law enforcement, no determination pursuant to the first half-sentence shall be required.
(2) If information is not provided to the data subject pursuant to subsection 1, the controller shall take appropriate measures to protect the legitimate interests of the data subject, including providing the information referred to in Article 14 (1) and (2) of Regulation (EU) 2016/679 for the public in precise, transparent, understandable and easily accessible form in clear and simple language. The controller shall set down in writing the reasons for not providing information.
(3) If the provision of information relates to the transfer by public bodies of personal data to the authorities for the protection of the Constitution, the Federal Intelligence Service, the Military Counterintelligence Service and, as far as the security of the Federation is affected, other authorities of the Federal Ministry of Defence, such provision shall be permitted only with the approval of these bodies.