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 through Department 43 - Foreigners' Affairs - within the scope of its responsibility for enforcing the law on foreigners.
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 Department of Immigration processes personal data for the provision of official services in the form of permits, certificates, information and orders, including the enforcement of measures, on the basis of provisions under immigration law.
The legal bases for this are set out in Art. 6 para. 1 lit. c and e GDPR and Art. 4 para. 1 BayDSG in conjunction with § 86 AufentG. § Section 86 AufentG, Section 6 AZRG, Section 11 (1) sentence 1 FreizügG/EU, Section 7 AsylG as well as AufenthV, BeschV and BeschVerfV. Art. 6 para. 1 letter a GDPR (consent) applies to procedural representatives.
5. categories of personal data that are processed
The data processed from EU and EEA nationals and persons from third countries includes master and contact data, information on the identification document, type of request, residence status and reason for residence, information on gainful employment, employment, training, studies and school, information on family circumstances, family members and children, information on language skills, health information, information on social security cover, other information relevant to the procedure such as integration measures, living conditions, work situation, professional qualifications and the master and contact data of the representative.
6. sources of the data
The personal data is collected directly from the data subjects themselves in connection with the processing of the case and/or transmitted by other competent authorities if there is a legal basis for this. Data may also be obtained from other public authorities or registers, such as the Federal Office of Administration, the Central Register of Foreigners, the Bavarian Public Authority Information System, the Federal Central Register, local registration authorities and other immigration authorities.
7. recipients or categories of recipients of the personal data
The personal data is processed within the authority by the responsible employees of Department 43 (Foreigners' Affairs) and, if necessary, also by members of Departments 54 (Asylum), 51 (Social Affairs), 14 (IT) and the district treasury. It may also be necessary to disclose the data to the following bodies: legal representatives and other parties involved in the proceedings, job centers, residents' registration offices, security authorities, police, public prosecutors, other enforcement authorities, social benefit and social insurance providers, customs administration, Federal Office of Administration, Federal Office for Migration and Refugees, Foreign Office, other immigration authorities, passport and ID card issuers, central registers, foreign offices, consulates, embassies and foreign registers.
8. transfer of personal data to a third country
The transfer of data to a third country is possible to the bodies listed under point 7.
9. duration of the storage of personal data
The duration of storage is based on the standardized file plan for Bavarian municipalities and district offices (EAPlAufbew). This contains 16 regulations concerning foreign nationals under the file plan reference (AplZ). In principle, a 10-year retention period is provided for. By way of derogation, a 5-year retention period is recommended for administrative offenses. The retention period for deaths is also 5 years.
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
There is an obligation to provide data in accordance with Sections 49 (2) and 82 AufenthG. Violations are punishable by law. If important information is not provided, this may result in official services not being provided.