Processing of personal data
in accordance with Articles 13, 14 and 21 of the General Data Protection Regulation (GDPR)

1. reason for the survey

Personal data is processed as part of the enforcement of the Act on Securing the Maintenance of Children of Single Parents (UhVorschG). In particular, advance maintenance payments or loss of maintenance payments are granted and corresponding advice is provided.

2. contact details of the person responsible

The youth welfare offices of the independent cities and districts are responsible for implementing the UhVorschG within the delegated scope of action (Art. 62 of the Act on the Implementation of Social Laws). Responsible for the processing of personal data in the implementation of the UhVorschG (without recourse proceedings according to § 7 UhVorschG) is the

Bad Tölz-Wolfratshausen District Office
Office for Youth and Family
Prof.-Max-Lange Platz 1
83646 Bad Tölz
Phone: 08041 505-0
E-mail: info@lra-toelz.de.

In recourse proceedings pursuant to Section 7 UhVorschG, the State Office of Finance is responsible as the general representative authority for the Free State of Bavaria (Section 2 (8) of the Ordinance on the Judicial Representation of the Free State of Bavaria). Responsible for the processing of personal data in recourse proceedings pursuant to Section 7 UhVorschG is the

Landesamt für Finanzen
- Zentralabteilung -
Rosenbachpalais, Residenzplatz 3
97070 Würzburg
Telephone: 0931 4504-6770.

3. contact details of the data protection officer

For the implementation of the UhVorschG (excluding recourse proceedings pursuant to Section 7 UhVorschG):

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

For the area of recourse proceedings pursuant to Section 7 UhVorschG:

Data Protection Officer
Landesamt für Finanzen
Residenzplatz 3
97070 Würzburg
E-mail: datenschutzbeauftragter@lff.bayern.de

4. purposes and legal bases of data processing

The Office for Youth and Family Affairs and the State Office of Finance process personal data within the scope of their respective responsibilities in the performance of their statutory duties under the Maintenance Advance Act (UhVorschG). Both institutions are obliged to provide economic support to those affected, in particular if there is a right to advance maintenance payments or a right to advice. In addition, personal data is also processed for the enforcement of maintenance claims transferred to the state against parents with whom the child does not live and, if necessary, for the processing of reimbursement claims from other social benefit providers or reclaims of advance maintenance payments and, if necessary, for auditing purposes by the Federal Audit Office and the state audit offices.

Reasons for collecting and transmitting maintenance advances

a) Applicant:
Determination of the eligibility requirements (determination of residence, clarification of residence status, paternity declaration), enforcement of the maintenance claim (whereby the circumstances of both parents may be relevant), other receipt of social benefits, recovery in the event of overpayment of maintenance advance.

b) Other parent:
Enforcement of the maintenance claim (determination of ability to pay through income and asset assessment).

c) Eligible child:
Enforcement of the maintenance claim, determination of income to be offset (school attendance, income calculation).

The data processing is based on Art. 6 para. 1 subpara. 1 lit. c, para. 3 and Art. 9 para. 2 letter f GDPR in conjunction with § Section 68 No. 14 First Book of the German Social Code, Sections 67 (2) Sentence 1, 67a et seq. of the Tenth Book of the German Social Code, Sections 1, 2, 4 to 7 UhVorschG.

5. categories of personal data that are processed

a) Master data including contact details:
file number, surname and first name of the entitled child and both parents, gender, date of birth, place of birth, address, telephone number (optional), e-mail address (optional), marital status, parent-child relationship, nationality, residence status, pension and social security number, bank details.

b) Data on the granting of benefits and on recourse and, if applicable, on recovery:
Proof of income, proof of assets, benefit period, amount, type, information on accommodation and childcare periods, data on maintenance claims/recourse claims, data on health insurance, pension insurance, long-term care insurance, data on the duration and termination of employment.

6. recipients or categories of recipients of the personal data

The data collected may be transmitted to the following third parties for the purpose of the statutory tasks of the Office for Youth and Family Affairs (Advance Maintenance Payment Office) and the State Office of Finance:
Other social benefit providers (e.g. German Pension Insurance, health insurance, job center, Federal Employment Agency), tax offices, courts, other third parties such as Municipal offices, Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, Federal Ministry of Labor and Social Affairs, Federal Ministry of the Interior, Federal Ministry of Justice and Consumer Protection, Federal Central Tax Office, Federal Finance Office, Federal Audit Office, State Audit Office, Federal Office for Migration and Refugees, State Ministry responsible for the area of advance maintenance payments, if applicable State Youth Welfare Office, State Administrative Office, insolvency administrator, German Institute for Youth Welfare and Family Law (DIJuF), immigration authorities, public prosecutor's offices and police, German diplomatic missions abroad, foreign service bodies, processors (e.g. scanning service providers, IT service providers), external research institutes (only for research applications that have been approved by the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth), for other parents: Employers, training companies, insurance companies. In addition, personal data may also be transmitted to public bodies such as civil registers (in Germany and abroad), commercial registers, land registries, etc.

7. duration of the storage of personal data

There is a retention period of 10 to 30 years after the end of the procedure for data relating to the claiming of cash benefits under the Maintenance Advance Act (UhVorschG). The procedure is deemed to have ended when advance maintenance payments are no longer made and any necessary recovery proceedings and recourse proceedings against the parent with whom the child does not live have been completed (limit: statute of limitations/forfeiture). There is no right to erasure of personal data within the aforementioned period.

8. rights of data subjects

You have the right to request information from your UhVorschG office about which of your personal data is being processed (Art. 15 GDPR). If you discover that data stored about you is incorrect or incomplete, you can request the immediate correction or completion of this data in accordance with Art. 16 GDPR. You have the right to erasure of your personal data if the requirements of Art. 17 GDPR are met. Under the conditions of Art. 18 GDPR in conjunction with Section 84 (3) SGB X, you can request that the processing of your data be restricted. This is possible, for example, if the Office for Youth and Family Affairs and/or the State Office of Finance no longer needs the data, but you need it to assert, exercise or defend legal claims and deletion of the data would impair your legitimate interests.

9. data collection from other bodies

The Office for Youth and Family Affairs or the State Office of Finance may, for the purpose of fulfilling its statutory duties under the UhVorschG in accordance with Art. 6 para. 1 lit. c), para. 3 and Art. 9 GDPR in conjunction with §§ Sections 67a et seq. of the Tenth Book of the German Social Code, Section 6 (2), (5) and (6) UhVorschG may also collect personal data from other public and non-public bodies or persons in compliance with the statutory requirements. These may be other social benefit providers (e.g. German pension insurance, health insurance, job center, Federal Employment Agency), tax offices, courts, other third parties such as municipal offices, Federal Central Tax Office, Federal Office of Finance, Federal Office for Migration and Refugees, immigration authorities, for other parents: Employers, training companies, insurance companies, measure and education providers. In addition, personal data can also be obtained from public sources such as the Internet, population registers, commercial registers, land registries, etc.

10. complaint

With regard to possible violations of your freedom and personal rights through the processing of your personal data, you can lodge a complaint with the competent supervisory authority, the Bavarian State Commissioner for Data Protection (Art. 15 of the Bavarian Data Protection Act).

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