Art. 31 FADP from 2023
Art. 31 Grounds for justification
1 A breach of personality rights is unlawful unless it is justified by the consent of the data subject, by an overriding private or public interest, or by the law.
2 The controller may have an overriding interest in the following cases in particular:a. The controller processes personal data relating to a contracting party in direct connection with the conclusion or the performance of a contract.b. The controller is or intends to be in commercial competition with another person and for this purpose processes personal data that are not disclosed to third parties; legal entities that belong to the same group of companies as the controller are not regarded as third parties for the purposes of this provision.c. The controller processes personal data to verify the creditworthiness of the data subject, provided the following requirements are satisfied:1. The matter involves neither sensitive personal data nor high-risk profiling. 2. The data are only disclosed to third parties if the third parties require the data for the conclusion or the performance of a contract with the data subject.3. The data are no more than ten years old.4. The data subject has attained the age of majority.d. The controller processes the personal data professionally and exclusively for publication in the editorial section of a periodically published medium or the controller uses the data, if they are not published, as an aid to their own personal work.e. The controller processes the personal data for purposes not related to specific persons, in particular for research, planning or statistics, provided the following requirements are satisfied:1. The controller anonymises the data as soon as the purpose of processing permits; if anonymity is impossible or if it requires disproportionate effort, the controller shall take appropriate measures to prevent the identification of the data subject.2. If the matter involves sensitive personal data, the controller shall disclose such data to third parties in such a manner that the data subject is not identifiable; if this is not possible, it must be guaranteed that the third parties only process the data for purposes unrelated to the data subject'"s person.3. The results are published in such a manner that data subjects are not identifiable.f. The controller collects personal data relating to a public figure that relate to that person'"s public activities.
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.