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 data for the enforcement of weapons and explosives laws.
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 enforcement of weapons and explosives legislation includes the issuing of weapons and explosives permits, shooting permits, permits to operate shooting ranges, to manufacture and trade in weapons, handling ammunition, transport permits, reliability checks, the refusal of permits and the monitoring of compliance with applicable regulations.
The data is processed on the basis of Art. 6 para. 1 sentence 1 letters c and e, Art. 9 GDPR, Art. 4 para. 1 BayDSG i.V.m. §§ Sections 5 (5), 43, 44 WaffG and Sections 5, 43, 44 WaffVwV and Sections 8a (5) and 39a SprengG.
5. categories of personal data that are processed
The weapons authority processes data from applicants and holders of a weapons and explosives permit as well as persons who are prohibited from handling weapons and ammunition. This involves information about the persons; surname, first name(s), maiden name, date of birth, place of birth, address, telephone number, cell phone number, e-mail address. In addition, information is obtained from registration authorities, the police, the central public prosecutor's register of proceedings, the Bavarian State Office for the Protection of the Constitution and the Federal Central Criminal Register. Medical and psychological aptitude reports are also processed.
6. sources of the data
If the data does not originate from the persons concerned themselves, it is provided by registration authorities, the police, the central register of public prosecutors, the Bavarian State Office for the Protection of the Constitution and the Federal Central Criminal Register.
7. recipients or categories of recipients of the personal data
The personal data is processed within the authority by the responsible employees of the weapons authority, hunting authority, district treasury, IT and auditing. It may also be necessary to disclose the data to the following bodies: Legal representatives and other parties involved in proceedings, assessment bodies, doctors, courts, (security) authorities, public prosecutors, police, dealers, associations, local authorities, experts and processors.
8. transfer of personal data to a third country
In the case of arms imports or exports, data is transferred to the competent authorities abroad on the basis of Art. 49 para. 1 letter d GDPR.
9. duration of the storage of personal data
According to § 44a WaffG, a 30-year retention period applies to all documents required to establish ownership. There is a 10-year retention period for documents that result in the denial of a firearms permit.
Otherwise, the retention period is based on the standardized file plan for Bavarian municipalities and district offices (EAPlAufbew). A 20-year retention period is regulated under AplZ (file plan number) 1350 (weapons and ammunition) and 1351 (weapons possession cards and weapons licenses). For shooting ranges (1352), explosives (1353) and pyrotechnic articles, fireworks and firecrackers (1354), a 10-year retention period is provided for. If special laws provide for a different period, deletion is governed by the relevant statutory provisions.
10. rights of data subjects
According to the General Data Protection Regulation, you have the following rights: If your personal data is processed, you have the right to obtain information about the personal data stored about you (Art. 15 GDPR). If incorrect personal data is processed, you have the right to rectification (Art. 16 GDPR). If the legal requirements are met, you can request the erasure or restriction of processing and object to processing (Art. 17, 18 and 21 GDPR). If you have consented to data processing or a contract for data processing exists and the data agreement is carried out using automated procedures, you may have a right to data portability (Art. 20 GDPR). If you make use of your above-mentioned rights, the public body will check whether the legal requirements for this are met.
You also have the right to lodge a complaint with the Bavarian State Commissioner for Data Protection. You can reach him under 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 you are legally obliged to provide personal data, the information is provided voluntarily. If important data is not provided, this may mean that your request/claim cannot be fulfilled.