Processing of personal data
in accordance with Articles 13, 14 and 21 of the General Data Protection Regulation (GDPR)
1. reason for the survey
The Bad Tölz-Wolfratshausen District Office collects and processes data from data subjects in the course of issuing a general driving license, a driving license for passenger transport, a driving instructor's license or a driving school license, an application for an exchange to a card driving license or a replacement driving license, in the course of issuing an international driving license or another measure under driving license law, such as issuing a driver qualification certificate.
2. contact details of the person responsible
Bad Tölz-Wolfratshausen District Office
Prof.-Max-Lange Platz 1
83646 Bad Tölz
Phone: 08041/505-0
E-mail: info@lra-toelz.de
3. contact details of the data protection officer
Bad Tölz-Wolfratshausen District Office
Data Protection Officer
Thomas Schallhammer
Prof.-Max-Lange-Platz 1
83646 Bad Tölz
Phone: 08041/505-263
E-mail: datenschutzbeauftragter@lra-toelz.de
4. purposes and legal bases of data processing
The data is collected for the storage, deletion and amendment of personal and driving license data in the local and central driving license register, in the driving aptitude register and professional driver qualification register, for the production of driving licenses and driver qualification certificates by the Federal Printing Office and for the acceptance of driving license tests by the Technical Test Center, as well as for the enforcement of measures under the StVG, the FeV and other relevant regulations.
The data is processed on the basis of Art. 6 (1) (e) GDPR in conjunction with
- § Section 48 of the Road Traffic Act (StVG),
- § 57 Driving License Ordinance (FeV),
- §§ Sections 57 and 59 of the Driving Instructors Act (FahrlG) and
- §§ Sections 12 ff of the Professional Driver Qualification Act (BKrFQG)
raised.
5. categories of personal data that are processed
Surname, maiden name, first names, other former names, religious or artist name, academic degree, date and place of birth, gender, nationality and address, type of identity document, photograph and signature, data on the type, scope and validity of the driving license obtained, probationary period data, conditions, restrictions and additional information on driving licenses, driving license number, list number, driving license number, date of issue and authority issuing the driving license, information on the whereabouts of driving licenses, information on seizure, confiscation and confiscation of a driving license, designation of foreign states with reference to the driving license, information on the international driving license, information on the driving license for passenger transport, information on foreign driving licenses, information on the withdrawal, refusal and revocation of (foreign) driving licenses, information on the renunciation of a driving license, information on the reissue of a driving license or the right to make use of a foreign driving license, information on a driving license ban, information on the ban on driving a vehicle, Information on the withdrawal or revocation of driving licenses, information on measures under the driving fitness assessment system and the probationary driving license, including certificates of participation in seminars and consultations, findings from the driving fitness register, professional driver qualification register and Federal Central Register, evidence of first aid or other qualifications in medical professions, evidence of driving license tests and local knowledge tests, evidence and findings on health and character suitability, Evidence in accordance with the provisions of the Professional Driver Qualification Act, information on decisions on administrative offences and criminal proceedings, information on partnerships and legal entities (in the case of driving school permits), candidate authorizations and driving instructor permits, seminar permits, driving school permits, membership of a community driving school, cooperation between driving schools, branch office permits, employment relationships, training relationships, operation as a training driving school, information on driving instructor training positions, other data relevant to the administrative procedure.
6. sources of the data
Data is processed that data subjects have made available to the driving license authority as part of the application process. The data collected also originates from registration authorities, passport register authorities, identity card register authorities, technical inspection authorities, the Federal Motor Transport Authority, the Federal Printing Office, the courts, public prosecutors' offices, police stations and other authorities that are authorized to transmit data to the driver's license authority as part of their statutory duties. However, data may also have a different origin.
7. recipients or categories of recipients of the personal data
The personal data will be passed on to Federal Motor Transport Authority (central driving license register, central driving aptitude register, professional driver qualification register), other authorities, Federal Printing Office, technical testing authorities, (foreign) authorities responsible for the prosecution of criminal offenses, for the enforcement or execution of penalties, for the prosecution of administrative offenses and the enforcement of fines and their ancillary consequences, for administrative measures or for traffic and border controls, investigation bodies commissioned by the person concerned in the context of driving aptitude.
8. transfer of personal data to a third country
In individual cases, data is passed on to registration authorities, driving license authorities, police and public prosecutors abroad.
9. duration of the storage of personal data
I. The data in the local driving license register is deleted in accordance with Section 61 StVG upon receipt of the official notification of the death of the person concerned, upon reaching the age of 110 or if the data has been transferred to the central driving license register in accordance with Section 65 (2) No. 3 StVG.
The data stored in the driving license or driving aptitude register in accordance with the Driving Instructors Act must be deleted in accordance with Section 67 of the Driving Licensing Act 5 or 10 years after the decisions become incontestable or immediately enforceable. After expiry or termination of the permits, recognitions, legal relationships and activities, the deletion period is 5 years. Otherwise, the data will be deleted after official notification of the death of the registered person.
II Files are kept in accordance with the "Standardized File Plan for Bavarian Municipalities and District Offices". There is a 5-year retention period for unencumbered and a 10-year retention period for encumbered processes.
III. register information, certificates of good conduct, expert opinions and health certificates must be destroyed in accordance with Section 2 (9) StVG after 10 years at the latest, unless entries in the driving aptitude register or in the central driving aptitude register in connection with them are to be deleted or erased at an earlier or later date in accordance with the provisions for these registers.
IV. A redemption period of 2 years and 6 months, 5 years or 10 years applies to administrative offenses and criminal offenses, depending on the severity of the offense (Section 29 (1) sentence 2 StVG). Entries relating to measures under §§ 2a or 4 StVG are erased if the driver's license is revoked. Otherwise, measures under Section 2a StVG are erased one year after the end of the probationary period, and measures under Section 4 StVG are erased when the last entry for a criminal or administrative offense has been erased (Section 29 (1) sentences 3 and 4 StVG).
10. rights of data subjects
According to the General Data Protection Regulation, data subjects have the following rights: If their personal data is processed, data subjects have the right to obtain information about the personal data stored about them (Art. 15 GDPR). If incorrect personal data is processed, data subjects have the right to rectification (Art. 16 GDPR). If the legal requirements are met, data subjects can request the erasure or restriction of processing and object to processing (Art. 17, 18 and 21 GDPR). If they have consented to data processing or a contract for data processing exists and the data agreement is carried out using automated procedures, data subjects may have a right to data portability (Art. 20 GDPR). If the above-mentioned rights are exercised, the public body will check whether the legal requirements for this are met.
Furthermore, you have the right to lodge a complaint with the Bavarian State Commissioner for Data Protection. This can be reached using the following contact details:
Postal address: P.O. Box 22 12 19, 80502 Munich
House address: Wagmüllerstraße 18, 80538 Munich
11. obligation to provide the data
Unless data subjects are legally obliged to provide personal data, the information is provided voluntarily. If important data is not provided, this may mean that the requests/claims cannot be met.