SPECIAL INFORMATION CIVIC OFFICE
Information pursuant to Art. 13 of the General Data Protection Regulation for persons subject to reporting requirements
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 registration 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, or submits them incorrectly or late, or fails to deregister or deregisters late, or violates a duty to cooperate, is acting in violation of the law and may be fined up to 1,000 euros.
1. person responsible for data processing:
2. data protection officer:
Data Protection Officer of the Municipality of Göllheim
Ms. Jasmin Kreuzenstein
3. purposes and legal basis of the processing of personal data
Pursuant to Section 2 (1) BMG, the registration authority must 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 data transfers, including regular transfers, are made on the basis of federal or state law, which specifies the underlying reasons for and purposes of the data transfer, the recipients and the data to be transferred.
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), public religious societies and the Tracing Service, or pass on data within the administrative unit (municipality), insofar as this is necessary for the fulfillment of its own duties 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 person concerned can be clearly identified by the registration authority 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 entities outside the European Union are equated with non-public entities.
c) Parties, voter groups, and other election proposal sponsors may receive registration data in connection with elections and votes at the state and municipal level.
d) Mandate holders, press and broadcasting may receive data directly related to this special purpose in the case of age and marriage anniversaries.
e) For the purpose of publication in printed directories, directory publishers may receive from the registration office only individual, conclusively listed data on all residents of legal age.
e) The apartment owner/landlord has a right to information about the residents registered in his apartment, insofar as he can credibly demonstrate a legal interest. In addition, he can 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 that fall wholly or partly within the scope of European Union law, insofar as this is necessary for the performance of public tasks that fall within the competence of the registration authority or within the competence of the recipient. The prerequisite for 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 election 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 to fulfill the tasks of the registration authorities are retained for a period of 50 years and secured by technical and organizational measures. During this period, the data may no longer be processed with the exception of the surname and first names and 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 and the date of death, the place of death and, in the case of death abroad, also the state. The ban on 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 data processing has the following rights in particular under the General Data Protection Regulation (GDPR):
a) Right to information about the data stored about them and their processing (Article 15 DS-GVO).
b) the right to rectify data if their data is inaccurate or incomplete (Article 16 of the GDPR).
c) the right to have personal data stored about them deleted if one of the conditions of Article 17 of the GDPR applies.
In addition to the exceptions listed 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 pursuant to Article 18 of the GDPR.
d) Right to restriction of data processing if the data have been processed unlawfully, the data are needed for the assertion, exercise or defense of legal claims of the data subject or, in the event of an objection, it has not yet been determined whether the interests of the registration authority outweigh 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) 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).
More detailed information on the right of objection under the Federal Registration Act can be found in the instructions on the registration form.
7. right of revocation for consents
The transfer of personal data for purposes of advertising or address trading is only permitted if the data subject has consented (Article 6(1)(a) DS-GVO). Consent may be revoked at any time in accordance with Article 7(3) DS-GVO vis-à-vis the entity 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 State Commissioner for Data Protection and Freedom of Information of Rhineland-Palatinate, Hinter Bleiche 34, 55116 Mainz, telephone: +49 6131 2082449, firstname.lastname@example.org) if he or she believes that his or her personal data are being processed unlawfully.