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 personal data through the care authority in the performance of its duties.
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 guardianship office helps, advises and informs those affected, guardians and authorized representatives in matters of guardianship law. It provides support with access to accommodation, assessments, hearings and other assistance. It certifies powers of attorney and provides advice on this, carries out its own guardianships, supports the guardianship court in court proceedings and is the registration office for professional guardians.
The data required for this purpose 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 §§ 4 para. 1, 20 and 26 Care Organization Act (BtOG) and the relevant provisions of the German Civil Code (BGB).
5. categories of personal data that are processed
The guardianship office processes data from those affected and those seeking advice. This is exclusively data that is required for the care authority to perform its tasks, including special category data, including personal details, contact details, health data (including data from treating doctors, clinics and their contact persons), asset data, insurance data, data from reference persons, data from third parties such as landlords, social institutions, authorities, data about the personal and social situation.
Data is collected from guardians, such as personal details, nationality, address, contact details and other data required by the guardianship authority, including proof of qualifications and expertise, liability insurance data, criminal convictions/professional bans, asset data, employment contracts or similar, court orders, minutes of meetings, information on the organizational structure.
6. sources of the data
The data generally originates from the person concerned. Without their cooperation, they are only collected in special circumstances, in the event of disproportionate effort and in consideration of interests worthy of protection within the framework of Section 4 (1) sentence 3 BtOG.
7. recipients or categories of recipients of the personal data
The personal data is processed internally by the responsible employees of the care authority and the district treasury. It may also be necessary to disclose the data to the following bodies in order to fulfill necessary tasks: Authorized representatives and representatives, local courts, guardianship courts, other guardianship authorities, guardianship associations, other authorities, social institutions and services, caregivers, attending physicians and hospital staff, other service providers such as banks, insurance companies, etc.
8. transfer of personal data to a third country
The transfer of data to a third country is not intended.
9. duration of the storage of personal data
A 10-year retention period applies to care files (Circular from the Bavarian State Ministry of Labor and Social Affairs, Family and Women dated August 21, 1998, No. IV6/5545/19/98). The period begins with the termination of the guardianship by termination or surrender of the proceedings. In deviation from this, a retention period of 12 months is provided for after the death of the person being cared for, provided there is knowledge of this (EAPl list of retention periods, AplZ 492). In special cases (disputes with heirs, damage caused by the caregiver's performance of duties, etc.), this rule may be deviated from.
Files in which an application for registration of a professional caregiver has been definitively rejected or a registration has been definitively revoked or withdrawn are deleted 10 years after the end of the procedure (Section 14 Caregiver Registration Ordinance - BtRegV).
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
11. obligation to provide the data
Unless you are legally obliged to provide personal data, the information is provided voluntarily. If important data is not provided, it is also possible to collect data from other public or non-public bodies in compliance with the legal requirements. Third parties and public sources can also be used to collect data. If important information is not provided, this may mean that official assistance cannot be provided.