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 when performing the tasks of Department 53 - guardianship, curatorship, guardianship, care office - in connection with counseling, guardianship or notarization for a minor child.
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 task of Department 53 is to provide support or assistance at the request of a parent or young adult in accordance with Section 1615 l (1) of the German Civil Code (BGB). The tasks may include establishing paternity, determining the amount and asserting maintenance claims as well as disposing of maintenance claims. However, declarations regarding paternity, maintenance obligations, declarations of custody and adoption in accordance with Sections 59 and 60 of the German Social Code - Book Eight (SGB VIII) are also notarized and information is provided in accordance with Section 58 SGB VIII.
Social data may only be processed within the scope of the circumstances listed under point 1 if this is necessary to fulfill these tasks. Special categories of data may also be necessary for this purpose (Section 67a (1) sentence 2 SGB X). This data is processed on the basis of Art. 6 para. 1 sentence 1 letters c and e, Art. 9 GDPR and Art. 4 Bavarian Data Protection Act (BayDSG) in conjunction with Sections 18, 52a, 55 and 61-68 SGB VIII.
5. categories of personal data that are processed
Department 53 processes parent and child data. This includes personal details such as surname, first name, date/place of birth, birth register number, nationality/status, address, contact details and bank details, as well as income and financial circumstances, employment relationships, social security and other necessary information.
6. sources of the data
If we have not received the data from the persons concerned themselves, it comes from the other parent, the responsible registration authority or the Bavarian Public Authority Information System (BayBIS), the responsible immigration authority, the social benefits provider or employer, the foreign representation, the judicial authority, the police or another generally available source of information.
According to § 1605 BGB, maintenance debtors are obliged to provide their data. If the necessary information is not provided, the information can be obtained from third parties or the child has the option of requesting information from the competent court. If applicants do not provide the necessary data, this may mean that the requested benefit cannot be provided.
7. recipients or categories of recipients of the personal data
The personal data is processed internally by the responsible employees of Department 53 and the district treasury. It may also be necessary to disclose the data to the following bodies: the child concerned and the other parent as well as their authorized representatives and agents, courts (including foreign courts), residents' registration offices, police, public prosecutors' offices, registry offices, youth welfare offices, social benefit and social insurance providers, employers, banks, the German Institute for Youth Welfare and Family Law, bailiffs, third-party debtors, insolvency administrators, debtor counseling, the Bavarian Institute for Municipal Data Processing, the Bavarian State Office of Finance.
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 retention period is based on the standardized file plan for Bavarian municipalities and district offices (EAPlAufbew). A 10-year retention period is regulated under AplZ (file plan reference number) 4320 (assistance, individual cases). The retention period begins at the end of the year in which the child comes of age; in the case of guardianships for siblings, at the end of the year in which the youngest sibling comes of age.
A 30-year retention period is stipulated for documents that have been drawn up by the specialist department 53 in accordance with Section 59 SGB VIII. The period begins at the end of the year in which the child comes of age. (Circular of the Bavarian State Ministry of Labor and Social Affairs, Family and Women of 26.07.2004 No. VI 5/7273/1/03).
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