Information on the processing of personal data (firearms authority)

Information on the processing of personal data

(Information obligation according to Art. 13 GDPR - direct collection from the data subject and information obligation according to Art. 14 GDPR - no direct collection from the data subject)

1. name and contact details of the controller (Art. 13 para. 1 sentence 1 a) GDPR)

Controller: City of Jena, represented by the Lord Mayor, Dr. Thomas Nitzsche, Am Anger 15, 07743 Jena

Internally responsible for data processing:

Municipal Order Department
Head of department Sebastian Wick
Am Anger 28
07743 Jena

Contact:
Phone +49 3641 49-2507
E-mail waffen@jena.de

2. contact details of the data protection officer (Art. 13 para. 1 sentence 1 b) GDPR)

Postal address:
Data Protection Officer
Am Anger 15
07743 Jena

Contact:
Phone 03641/ 49 2113
Fax 03641/ 49 2114
E-mail datenschutz@jena.de

3. purpose of data processing (Art. 13 para. 1 sentence 1 c) HS 1 GDPR)

Your personal data is collected in order to enforce firearms regulations, i.e. for example to decide on applications and to order firearms-related measures. This concerns the issuing of firearms possession cards and, in the case of these, the registration and deregistration of firearms requiring a permit and the issuing of previous purchase authorizations, as well as the issuing of the small firearms license, the "large" firearms license and the extension of the period of validity of the latter. It also concerns the issuing of the European firearms pass and its renewal as well as the registration and de-registration of firearms. Furthermore, it concerns the permission to shoot, the permission to transfer and take firearms and ammunition abroad, the notification of the deactivation of firearms and their loss and also the approval of an exception to the minimum age for shooting at shooting ranges to promote competitive sports.

4 Legal basis for data processing (Art. 13 para. 1 sentence 1 c) HS 2 GDPR)

The weapons authority processes data to fulfill its duties and obligations under the Weapons Act (WaffG), the General Weapons Act Ordinance (AWaffV), the General Administrative Regulation on the Weapons Act (WaffVwV), the National Weapons Register Act (NWRG), the Federal Central Register Act (BZRG) and the Regulation on the Internal Market Information System of the European Union (IMI Regulation).
Your personal data is processed primarily on the basis of Art. 6 para. 1 lit. c and e GDPR. The data of authorized persons are processed on the basis of Art. 6 para. 1 lit. a) GDPR
processed.

5. recipients or categories of recipients (Art. 13 para. 1 sentence 1 e) GDPR)

If necessary, the personal data will be disclosed to the following recipients or categories of recipients
made accessible to the following recipients or categories of recipients:

within the controller:
IT infrastructure and service department (municipal directing company KITT): In the event of a system malfunction being rectified, access to personal data cannot be ruled out.

Processors:
1. company Condition GmbH, Schneeballweg 8a/b, 37120 Bovenden (software for processing gun law procedures)
2. institution for municipal data processing in Bavaria (AKDB), Hansastraße 12-16, 80686 Munich (provider of the online service)

Third parties (outside the controller):
Personal data may be forwarded to the authorities relevant to the granting and assessment process in the course of the background check pursuant to Section 5 WaffG and the verification of personal suitability pursuant to Section 6 WaffG. These include the National Weapons Register (NWR), the Federal Central Criminal Register (BZR), the Registration Authority (EMA), the Central Public Prosecutor's Register (ZStV), the responsible police stations, as well as the responsible public health officers and specialist doctors and psychologists.

In addition, your personal data will be collected in order to be able to decide on your application, to prevent the misuse of public funds and to examine security concerns. If necessary and permitted by law, data will be forwarded to Federal Office of Administration, central public prosecutor's register of proceedings, courts, customs offices, Thuringian State Office of Administration, Thuringian Ministry of the Interior and Local Authorities, competent firearms authorities, competent hunting authorities, shooting sports associations or shooting sports clubs, service providers/supervisors of specialist firearms procedures.

6. transfer to a third country or an international organization (Art. 13 para. 1 sentence 1 f) GDPR)

There are no plans to transfer your personal data to a third country or an international organization, unless this is permitted and absolutely necessary for the enforcement of firearms law.
The European Internal Market Information System (IMI) is involved in the case of approved applications for transfers within the EU member states in accordance with the Schengen Agreement and in the case of refusal of weapons permits.

7. duration of storage or criteria for determining the duration (Art. 13 para. 2 lit. a GDPR)

After collection, the data is stored by the competent weapons authority and deleted if it is no longer required for the fulfillment of the task. In accordance with Section 44a WaffG, minimum retention periods apply to gun law processes. These are 30 years, and 10 years in the event of the refusal of a firearms license due to unreliability or lack of suitability. After this period, the files must be offered to the municipal archive, which will decide on their inclusion in the archive in accordance with the Thuringian Archive Act.

8. rights of data subjects in the context of processing (Art. 13 para. 2 b) GDPR)

You have the right to information about your personal data and to the information listed in detail in Art. 15 GDPR. You have the right to rectification of inaccurate personal data concerning you and, where applicable, to have incomplete personal data completed (Art. 16 GDPR)
You have the right to erasure of personal data concerning you if one of the reasons listed in detail in Art. 17 GDPR applies. You have the right to restriction of processing if one of the conditions listed in Art. 18 GDPR applies. You have the right to object on grounds relating to your particular situation. The controller will then generally no longer process the personal data (Art. 21 GDPR).

9. right to withdraw consent (Art. 13 para. 2 c) GDPR)

If the processing is based on Article 6(1)(a), you have the right to withdraw your consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.

10. right to lodge a complaint with a supervisory authority (Art. 13 para. 2 d) GDPR)

In the context of the processing of your personal data, you have the right to lodge a complaint with the supervisory authority pursuant to Art. 77 (1) GDPR. In Thuringia, this is the State Commissioner for Data Protection and Freedom of Information, Häßlerstraße 8, 99096 Erfurt (www.tlfdi.de).

11. legal or contractual obligation to provide the data (Art. 13 para. 2 e) GDPR)

In order to process your application, it is mandatory to provide your data in accordance with Section 37f WaffG. Your application cannot be processed without providing the relevant data. In addition, according to § 37i WaffG, there is a notification obligation when moving abroad and when moving abroad.

12 Automated decision-making (Art. 13 para. 2 f) GDPR)

Your personal data will not be processed by means of automated decision-making, including profiling in accordance with Art. 22 (1), (4) GDPR.

13. further processing for another purpose (Art. 13 para. 3 GDPR)

Your personal data will not be further processed for a purpose other than that for which the data was collected.