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Data protection information reporting authority

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

Preliminary remark

Anyone who moves into an apartment is generally obliged to register with the registration authority 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 an apartment and does not move into a new apartment in Germany must deregister within two weeks of moving out (§ 17 Paragraph 2 BMG) and provide the information required for the proper maintenance of the register of residents (§ 25 Number 1 BMG). Anyone who fails to submit move-in notifications, submits them incorrectly or late, fails to deregister or deregisters late or violates an obligation to cooperate is in breach of the regulations and may be fined up to 1,000 euros.

1. responsible for data processing

City of Jena, Registration Office in the Citizen Services Department
Engelplatz 1
07743 Jena
03641 49-3800
meldebehoerde@jena.de

2. data protection officer

Data Protection Officer of the City of Jena
Am Anger 15
07743 Jena
datenschutz@jena.de

3 Purposes and legal basis of the processing of personal data

Pursuant to Section 2 (1) BMG, the registration authority must register personal data about the persons (residents) living in its area of responsibility in order to establish and verify their identity and residences. The personal data stored in the population registers is 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 ff. BMG) and data transfers (Sections 33 ff. BMG) and to assist in the performance of tasks by other public bodies (Section 2 (3) BMG). On certain occasions, regular data transfers are made (Section 36 BMG; 1st and 2nd Federal Registration Data Transmission Ordinance) to other public bodies and, in accordance with Section 42 BMG, to public religious organizations. Additional data transfers, including 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

  1. The registration authority may transfer data from the registration register to other public bodies in Germany (see Section 2 of the Federal Data Protection Act) and public religious organizations, or pass on data within the administrative unit (municipality), insofar as this is necessary to fulfill its own tasks or those of the recipient.
  2. Upon request, private individuals and non-public bodies receive information about 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 can be provided with information about a large number of unidentified persons regarding their membership of a group (e.g. a specific year of birth) and certain 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.
  3. Parties, voter groups and other supporters of election proposals may receive registration data in connection with elections and votes at state and municipal level.
  4. Elected representatives, the press and broadcasters may receive the data directly related to this special purpose in the case of anniversaries.
  5. For the purpose of publication in printed address books, address book publishers may only receive individual, exhaustively listed data of all adult residents from the registration authority.
  6. The apartment owner/provider is entitled to information about the residents registered in his or her apartment, provided he or she can credibly demonstrate a legal interest. In addition, they can check with the registration authority to ensure that the person whose move-in they have confirmed has registered with the registration authority.
  7. 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 for which the registration authority or the recipient is responsible. 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 resident moves away or dies, the registration authority 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's departure or death, the data stored to fulfil the tasks of the registration authorities will be stored 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 as well as previous names, the date of birth, the place of birth and, in the case of birth abroad, also the country, 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 country. 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 in accordance with Section 14 (2) BMG.

6 Rights of data subjects

Every person affected by data processing has the following rights in particular under the General Data Protection Regulation (GDPR)

  1. Right of access to the personal data stored about them and its processing (Article 15 GDPR).
  2. Right to data rectification if their data is incorrect or incomplete (Article 16 GDPR).
  3. Right to erasure of the personal data stored about you if one of the conditions of Article 17 GDPR applies. In addition to the exceptions listed in Article 17(3) 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 type of storage. In these cases, the restriction of processing pursuant to Article 18 GDPR takes the place of erasure.
  4. Right to restriction of data processing if the data has been processed unlawfully, the data is required to assert, exercise or defend 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) GDPR). If the accuracy of the personal data is disputed, there is a right to restriction of processing for the duration of the accuracy check.
  5. Right to object to certain data processing, unless there is an overriding public interest in the processing that outweighs the interests of the data subject and there is no legal obligation to process the data (Article 21 GDPR). Further information on the right to object under the Federal Registration Act can be found in the information on the registration form.

7 Right to withdraw consent

The transfer of personal data for the purposes of advertising or address trading is only permitted if the data subject has consented (Article 6(1)(a) GDPR). Consent can be withdrawn at any time in accordance with Article 7(3) GDPR from the body to which consent was previously given.

8. right to lodge a complaint

Every data subject has the right to lodge a complaint with the supervisory authority (Thuringian State Commissioner for Data Protection and Freedom of Information, Häßlerstr. 8, 99096 Erfurt, phone: 0361/5731129-00, email: poststelle@ datenschutz.thueringen.de) if they believe that their personal data is being processed unlawfully.

9 Data transmission and storage in Thuringia

In addition to the provisions of the BMG, regulations on data transmission and data storage apply in Thuringia in accordance with the ThürAGBMG and the ThürMeldeVO.

Thuringian Implementation Act to the Federal Registration Act (ThürAGBMG)

§ Section 4 Data transfers to religious communities under public law
§ Section 6 Content of the mirror register

Thuringian Registration Ordinance (ThürMeldeVO)

§ Section 3 Scope of data transfer to the state data center and updating of data
§ Section 16 Regular data transmission to the tax offices
§ 17 Regular data transfers to the central office set up at the Association of Statutory Health Insurance Physicians in Thuringia
§ 18 Regular data transfers to the preventive care center for children established at the State Office for Consumer Protection
§ 21 Regular data transfers to the youth welfare offices
§ 22 Regular data transfers from the registration authorities and the state computer center to the tracing services
§ Section 23 Regular data transfers by the registration authorities to religious organizations under public law