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 as part of the enforcement of immission control legislation.
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 tasks of the immission control authority include advising plant operators, managing information and complaints, carrying out approval procedures, monitoring compliance with immission control obligations, prosecuting administrative offenses and drafting statements as a public authority.
The data is processed on the basis of Art. 6 para. 1 sentence 1 letters c and e GDPR, Art. 4 para. 1 Bavarian Data Protection Act (BayDSG) in conjunction with the Federal Immission Control Act (BImSchG), the legal ordinances issued on the basis of this Act, as well as the Bavarian Immission Control Act (BayImSchG), the Environmental Information Act (UIG) and the Bavarian Environmental Information Act (BayUIG).
5. categories of personal data that are processed.
The immission control authority processes data from applicants and operators of installations, from immission control officers, incident officers, status disruptors/polluters, complainants, authors of plans, expert opinions and statements as well as other parties/third parties.
The surname, maiden name, first name, date of birth, place of birth, address, nationality, qualification, position, occupation, telephone number, e-mail address, other contact details and parcel numbers are recorded.
6. sources of the data
If the data do not originate from the data subjects themselves, they are transmitted by municipalities, police, law enforcement agencies, other public bodies or complainants.
7. recipients or categories of recipients of the personal data
The personal data is processed within the authority by the responsible employees of Department 35 - Immission Control Authority, the Building Authority, the Department of Catering and Food Law, the district treasury, IT and auditing. It may also be necessary to disclose data to supervisory authorities, courts, public prosecutors and the police. The data must be made available to legal representatives, authorized representatives and other parties involved in the proceedings, as well as to other specialist bodies, public bodies, experts, contract processors, authorized interest groups and the general public, insofar as this is provided for by law.
8. transfer of personal data to a third country
A transfer to a third country is not intended.
9. duration of the storage of personal data
The retention period is based on the standardized file plan for Bavarian municipalities and district offices (EAPlAufbew). Under AplZ (file plan number) 171, retention periods of 10 years are generally provided for immission control procedures. By way of derogation, a 5-year retention period applies to administrative offense proceedings (AplZ 1713). If special laws provide for other periods, deletion is based on the relevant statutory provisions.
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 at 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.