Special Information Citizen's Office

SPECIAL INFORMATION CITIZEN'S OFFICE

Information pursuant to Art. 13 of the General Data Protection Regulation for persons subject to reporting requirements

Preliminary note

Anyone moving into a dwelling is generally obliged to register with the registration office within two weeks of moving in (Section 17(1) of the Federal Registration Act - BMG) and to provide the information required for the proper maintenance of the register (Section 25(1) BMG). Anyone who moves out of a dwelling and does not move into a new dwelling in Germany must deregister within two weeks of moving out (Section 17(2) BMG) and provide the information required for the proper maintenance of the population register (Section 25(1) BMG). Anyone who fails to submit move-in notifications, fails to do so correctly or belatedly, fails to deregister or does so belatedly, or violates a duty to cooperate, is acting irregularly and may be fined up to 1,000 euros.

1. data controller:

Verbandsgemeinde Göllheim
Citizens' Office
Freiherr-v.-Stein-Straße 1-3
67307 Göllheim
06351/4909-0
buergerbuero@vg-goellheim.de

2. data protection officers:

Data Protection Officer of the Municipality of Göllheim
Ms Jasmin Kreuzenstein
Freiherr-v.-Stein-Straße 1-3
67307 Göllheim
06351/4909-39
datenschutz@vg-goellheim.de

3. the purposes and legal basis of the processing of personal data

Pursuant to Section 2 (1) BMG, the registration authority has to register personal data on the persons (residents) residing in its area of responsibility in order to establish and prove their identity and residences. The personal data stored in the population registers are used by the registration authority to meet the legitimate information needs of non-public bodies and private individuals as well as public bodies in accordance with the provisions on information from the population register (Sections 44 et seq. BMG) and data transfers (Sections 33 et seq. BMG) and to assist in the performance of tasks of other public bodies (Section 2 (3) BMG). On certain occasions, regular data transfers (Sections 36, 43 BMG; 1st and 2nd Federal Reporting Data Transfer Ordinance) are made to other public bodies and, pursuant to Section 42 BMG, to religious societies under public law. Additional, also regular data transfers are carried out on the basis of the provisions of federal or state law, in which the respective underlying reasons and purposes of the data transfer, the recipients and the data to be transferred are specified.

4. categories of recipients of personal data

a) The registration authority may transmit data from the population register to other public bodies in Germany (see § 2 of the Federal Data Protection Act), to religious societies under public law and to the Tracing Service, or pass on data within the administrative unit (municipality), insofar as this is necessary for the fulfilment of its own tasks or those of the recipient.

b) Upon request, private individuals and non-public bodies may be provided with information on individual personal data subject to a fee, provided that the registration authority can clearly identify the person concerned on the basis of the information provided by the applicant. Upon request, private individuals and non-public bodies may be provided with information on a large number of persons not identified by name regarding membership of a group (e.g. a specific year of birth) and on specific personal data if a public interest can be established.

Foreign bodies outside the European Union are treated in the same way as non-public bodies.

(c) Parties, electoral groups and other electoral nomination bodies may receive registration data in connection with elections and referenda at State and local level.

d) Mandate carriers, press and broadcasting may receive the data directly connected with this special purpose in the case of age and marriage anniversaries.

e) For the purpose of publication in printed directories, directory publishers may only receive from the registration authority individual, exhaustively listed data on all residents of legal age.

e) The owner of the flat/landlord has a right to information about the residents registered in his flat, insofar as he can credibly demonstrate a legal interest. In addition, he may satisfy himself by enquiring at the registration office that the person whose move-in he has confirmed has registered with the registration office.

f) Data may be transferred to public bodies in other member states of the European Union and the European Economic Area (EEA) as well as to institutions and bodies of the European Union or the European Atomic Energy Community in the context of activities which fall wholly or partly within the scope of European Union law, insofar as this is necessary for the performance of public tasks falling within the competence of the reporting authority or within the competence of the recipient. A prerequisite for the transfer within the EEA is that the EEA states adopt the content of the General Data Protection Regulation.

5. duration of storage

After the departure or death of the resident, the registration authorities must immediately delete all data that is not used to establish identity and proof of residence and is not required for electoral and income tax purposes or to carry out procedures under nationality law. After five years have elapsed since the resident moved away or died, the data stored for the purpose of fulfilling the duties of the registration authorities shall be retained for a period of 50 years and secured by technical and organisational measures. During this period, the data may no longer be processed with the exception of the surname and first names as well as previous names, date of birth, place of birth and, in the case of birth abroad, also the state, the current and previous addresses, the date of departure as well as the date of death, the place of death and, in the case of death abroad, also the state. The prohibition of processing does not apply to the cases specified in Section 13 (2) sentence 3 BMG. Shorter deletion periods apply to certain data pursuant to Section 14 (2) BMG.

6. data subject rights

Any person affected by a data processing operation has, in particular, the following rights under the General Data Protection Regulation (GDPR):

a) Right of access to personal data stored about them and the processing thereof (Article 15 of the GDPR).

(b) the right to rectify data where their data are inaccurate or incomplete (Article 16 of the GDPR).

(c) the right to obtain the erasure of personal data stored about them, where one of the conditions laid down in Article 17 of the GDPR applies.

In addition to the exceptions set out in Article 17(3) of the GDPR, the right to erasure of personal data does not exist if erasure is not possible or only possible with disproportionate effort due to the special nature of the storage. In these cases, erasure is replaced by restriction of processing in accordance with Article 18 of the GDPR.

(d) the right to restrict data processing where the data have been processed unlawfully, the data are needed for the assertion, exercise or defence of legal claims by the data subject or, in the event of an objection, it is not yet clear whether the interests of the registration authority override those of the data subject (Article 18(1)(b), (c) and (d) of the GDPR).

If the accuracy of the personal data is disputed, the right to restriction of processing exists for the duration of the accuracy check.

(e) the right to object to certain data processing, unless there is an overriding public interest in the processing which overrides the interests of the data subject and there is no legal obligation to process (Article 21 GDPR).

Further information on the right of objection under the Federal Registration Act can be found on the registration form.

7 Right of withdrawal of consent

The transmission of personal data for the purposes of advertising or address trading is only permitted if the data subject has consented (Article 6(1)(a) DS-GVO). In accordance with Article 7(3) DS-GVO, consent may be revoked at any time vis-à-vis the body to which the consent was previously given.

8. right of appeal

Every data subject has the right to lodge a complaint with the supervisory authority (The Rhineland-Palatinate State Commissioner for Data Protection and Freedom of Information, Hinter Bleiche 34, 55116 Mainz, telephone: +49 6131 2082449, poststelle@datenschutz.rlp.de) if he or she believes that his or her personal data are being processed unlawfully.