Section 38 GwG – Rectification, restriction of processing and destruction of personal data which is neither processed by automated means nor stored in an automated file

(1) The German Financial Intelligence Unit records, in a suitable manner, if

  1. it determines that personal data which is neither processed by automated means nor stored in an automated file is inaccurate, or
  2. the accuracy of personal data which is neither processed by automated means nor stored in an automated file is contested by the data subject.
    (2) 1The German Financial Intelligence Unit restricts the processing of personal data which is neither processed by automated means nor stored in an automated file if it determines in an individual case that
  3. without the restriction of processing, legitimate interests of the data subject would be adversely affected, and
  4. the data is no longer necessary for the performance of functions.
    2The processing of the personal data must also be restricted if an obligation to delete them exists under section 37 (2).
    (3) The German Financial Intelligence Unit destroys the documents containing personal data in accordance with the provisions on the retention of files if these documents as a whole are no longer necessary for the German Financial Intelligence Unit to perform its functions.

(4) 1Destruction does not take place if

  1. there are indications that legitimate interests of the data subject would otherwise be adversely affected, or
  2. the data is needed for ongoing research work.
    2In these cases, the German Financial Intelligence Unit restricts the processing of the data and attaches a note of the restriction to the documents. 3Section 37 (3) sentences 2 and 3 apply to the restriction, with the necessary modifications.
    (5) Instead of being destroyed under subsection (3), the documents are to be delivered to the competent archives, provided that these documents have a lasting value under section 3 of the Federal Archives Act (Bundesarchivgesetz) in the version promulgated on 6 January 1988 (Federal Law Gazette I, page 62), most recently amended by the Act of 13 March 1992 (Federal Law Gazette I, page 506), in the respective applicable version.
    (6) In the case that data have been transmitted which is inaccurate, has to be deleted or is subject to restriction of processing, section 37 (7) applies, with the necessary modifications.