Section 62 – Information for scientific research

(1) On request, the register authority may provide universities and other institutions conducting scientific research and public bodies with information from the register to the extent necessary for the performance of scientific research. The information may be provided if the public interest in the research work significantly outweighs the legitimate interest of the corporation concerned in refusing to provide the information. The information is given in anonymous form if the purpose of the research work can be achieved by using anonymous information.

(2) Prior to providing the information, the register authority shall impose a confidentiality obligation on anyone who is not a public official or a person with special obligations in the public sector. Section 1 (2) and (3) of the Obligation Act shall apply accordingly.

(3) The transmitted personal and corporation-related information may only be used for the research work for which the information was provided. Processing for other research work or disclosure shall be governed by (1) and shall require the consent of the register authority. The information shall be protected against unauthorized access by third parties. The body conducting scientific research shall ensure that the use of the personal and corporation-related information is kept physically and organizationally separate from the performance of such administrative tasks or business purposes for which the information may also be relevant.

(4) As soon as the purpose of the research permits, the personal and corporation-related information shall be anonymized. As long as this is not yet possible, those features with which individual information about personal or factual circumstances can be attributed to a specific or determinable person or a specific or determinable corporation shall be kept separately. They may only be combined with the individual data if this is necessary for the purpose of the research.

(5) Anyone who has received personal and corporation-related information in accordance with (1) may only publish such information if this is indispensable for the presentation of research results on events of contemporary history. Publication shall require the consent of the register authority.

(6) If the recipient of personal data is a non-public body, the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (Basic Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1; L 314, 22.11.2016, p. 72; L 127, 23.5.2018, p. 2) and the Federal Data Protection Act shall also apply in such cases, if the personal data are not processed automatically and are not stored or kept in a file system.