Processing of personal data
in accordance with Articles 13 and 14 of the General Data Protection Regulation (GDPR), specifically in accordance with Section 46 (1) OWiG in conjunction with § Section 500 of the Code of Criminal Procedure (StPO) and Section 55 of the Federal Data Protection Act (BDSG).
1. reason for the survey
The Bad Tölz-Wolfratshausen District Office has collected data from you as part of administrative offense proceedings under environmental law.
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
Your data is collected as part of administrative offense proceedings under environmental law.
The GDPR does not apply to the processing of personal data by the competent authority for the purposes of the prevention, investigation, detection, prosecution or punishment of criminal or administrative offenses (Art. 2 para. 2 letter d GDPR). Specialist legislation and procedural regulations take precedence over these general data protection provisions.
Your data will be processed on the basis of Art. 4 Para. 1 BayDSG (Bavarian Data Protection Act), Art. 49c OWiG (Administrative Offenses Act) in conjunction with the relevant special laws, i.e. BNatSchG (Federal Nature Conservation Act), BayNatSchG (Bavarian Nature Conservation Act), BImSchG (Federal Immission Control Act), BayImSchG (Bavarian Immission Control Act), 1st to 44th BImSchV (1st to 44th Ordinance to the Federal Immission Control Act), KrWG (Circular Economy Act), BWaldG (Federal Forest Act), BJagdG (Federal Hunting Act), BayJG (Bavarian Hunting Act), AVG (Federal Immission Control Act). Verordnung zum Bundes-Immissionsschutzgesetz), KrWG (Kreislaufwirtschaftsgesetz), BWaldG (Bundeswaldgesetz), BJagdG (Bundesjagdgesetz), BayJG (Bayerisches Jagdgesetz), AVBayJG (Verordnung zur Ausführung des Bayerischen Jagdgesetzes), BayFiG (Bayerisches Fischereigesetz), AVBayFiG (Verordnung zur Ausführung des Bayerischen Fischereigesetzes) as well as the NSG- & LSG-Verordnungen des Landkreises Bad Tölz - Wolfratshausen in the form of the
- Order to protect the Altenberg felts in the municipality of Manhartshofen
- Ordinance to protect the Auerfilz with carp lakes in the municipality of Schönrein (now Bad Heilbrunn)
- Ordinance on the protection of parts of the landscape in the area of the so-called "Bergl" northeast of Ramsau in the municipality of Oberbuchen (now Bad Heilbrunn)
- Ordinance on the "Ebenbergfilze" landscape conservation area in the municipality of Dietramszell
- Ordinance on the protection of the Eglinger and Ascholdinger Filze (municipalities of Egling and Dietramszell), the Großer = Harmatinger Weiher (municipality of Egling) and the Mooshamer Weiher (municipality of Egling)
- Ordinance on the protection of landscape features in the Hirschbach valley
- Ordinance on the protection of a part of the landscape "Hochmoor am Rauthof" in the municipality of Jachenau
- Landscape protection ordinance for the raised bog near the Schemeralm (municipality of Lenggries)
- Ordinance on the "Isarauen" landscape conservation area
- Ordinance on the protection of parts of the landscape along the Isar in the districts of Bad Tölz - Wolfratshausen, Munich, Freising and Erding
- Ordinance on the protection of parts of the landscape in the Isar valley between Icking and Königsdorf
- Ordinance on the "Kreuzbichl" landscape conservation area
- Ordinance on the protection of the Oberallmannshauser Filze as a landscape conservation area in the municipalities of Höhenrain and Münsing
- Ordinance on the landscape conservation area "Ostufer Starnberger See near Münsing"
- Status of the Rothenrainer Moore (municipality of Unterfischbach) under landscape protection
- Ordinance on the "Schönberg" landscape conservation area in the municipalities of Deining and Egling
- Ordinance on the Sylvensteinsee and upper Isar valley landscape conservation area in the municipalities of Langgries and Jachenau
- Ordinance on the "Walchensee" landscape conservation area
- Ordinance on the nature conservation area "On the eastern shore of Lake Starnberg"
- Ordinance on the "Babenstubender Moore" nature conservation area
- Ordinance on the "Ellbach and Kirchseemoor nature reserve"
- Announcement concerning the Habichau nature reserve in the municipality of Kirchbichl
- Ordinance on the "Hechenberger Leite" nature conservation area
- Ordinance on the nature reserve "Insel Sassau im Walchensee"
- Ordinance on the nature reserve "Isarauenzwischen Schäftlarn und Bad Tölz"
- Ordinance on the nature reserve "Karwendel and Karwendel foothills"
- Ordinance on the "Klosterfilz" nature conservation area
- Announcement about the "Leonhardsfilz" nature reserve
- Ordinance on the "Schellenbergmoor" nature reserve
- Ordinance on the "Zellbachtal" nature conservation area
raised.
5. categories of personal data that are processed
The public body processes the following personal data from you: Surname, maiden name, first name, date of birth, place of birth, address, nationality, occupation, telephone number, email address, for minors: Name, address and relationship of the legal representatives.
6. sources of the data
Your data has been transmitted to us by authorized public authorities who have established the facts of an administrative offence in the course of their official duties. These are field staff of the district office, police, nature conservation officers, hunters, fishing wardens, etc. The data was either collected from you yourself or supplemented by information from registration offices and vehicle registration authorities.
7. recipients or categories of recipients of the personal data
Your personal data will be processed by the employees of the Bad Tölz-Wolfratshausen District Office. The fine procedure is handled by the lower nature conservation authority. The administration of warnings and fines is carried out by the district treasury. In the event of late payment, the tax office is tasked with enforcement.
In order to establish and verify the facts of the case or to supplement necessary procedural data, inquiries can be made to registration offices, vehicle registration authorities, police, public prosecutors' offices, hunters, fishing wardens and other parties involved. If there is a suspicion of a criminal offense, the data can be passed on to public prosecutors and courts. The same applies in the case of appeal proceedings.
8. transfer of personal data to a third country
If the parties to the proceedings are resident abroad, inquiries can be made to registration offices or vehicle registration authorities in third countries.
9. duration of the storage of personal data
As a rule, personal data is stored for two years in accordance with Section 49 c (5) OWiG, and for five years in the case of fines over € 250. In individual cases, data may also be stored for longer if this is required by relevant special statutory regulations and special circumstances.
10. rights of data subjects
According to Art. 2 sentence 1 and 28 BayDSG, § 46 para. 1 OWiG and § 500 StPO (Code of Criminal Procedure) you have the following rights:
- You can request information as to whether we process your personal data. If this is the case, you have a right of access to this personal data and to further information related to the processing (Art. 15 GDPR). Please note that this right to information may be restricted or excluded in certain cases (see in particular Art. 10 BayDSG).
- In the event that personal data about you is not (or no longer) accurate or incomplete, you may request that this data be corrected and, if necessary, completed (Art. 16 GDPR).
- If the legal requirements are met, you can request the erasure of your personal data (Art. 17 GDPR) or the restriction of the processing of this data (Art. 18 GDPR). However, the right to erasure pursuant to Art. 17 (1) and (2) GDPR does not apply if, among other things, the processing of personal data is necessary for the performance of a task carried out in the public interest or in the exercise of official authority (Art. 17 (3) (b) GDPR).
- For reasons arising from your particular situation, you can also object to the processing of your personal data by us at any time (Art. 21 GDPR). If the legal requirements are met, we will then no longer process your personal data.
Further restrictions, modifications and, if applicable, exclusions of the aforementioned rights may result from the General Data Protection Regulation or national legislation. - You have the right to complain to a supervisory authority within the meaning of Art. 54 GDPR about the processing of your personal data. The competent supervisory authority for Bavarian public bodies is the Bavarian State Commissioner for Data Protection, Prof. Dr. Thomas Petri (Address: Wagmüllerstraße 18, 80538 Munich, email: poststelle@datenschutz-bayern.de, telephone: 089/212672-0, www.datenschutz-bayern.de).
- Rights of data subjects under the German Code of Criminal Procedure and BDSG
If the processing of data is related to the prevention, investigation, detection, prosecution or punishment of administrative offenses, the right to information is governed by Sections 491 and 495 of the German Code of Criminal Procedure and Section 57 of the BDSG, while the right to rectification, erasure and restriction of processing is governed by Section 58 of the BDSG (subject to special provisions in the German Code of Criminal Procedure). There is no right to object to processing or to data portability in this context. However, consent granted in accordance with Section 51 BDSG can be revoked at any time. The legality of the processing based on the consent given remains unaffected until the revocation is received. According to § 55 BDSG, you have the right to appeal to the Federal Commissioner. The Federal Commissioner can be contacted at Address: Graurheindorfer Straße 153, 83117 Bonn, email: poststelle@bfdi.bund.de, telephone 0228/997799-0, www.bfdi.bund.de.