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Privacy Notice: Registration Office

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

Preliminary Note 

Anyone who moves into a residence is generally required 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 necessary for the proper maintenance of the registration records (Section 25(1) BMG). Anyone who moves out of a residence and does not move into a new residence within Germany must deregister within two weeks of moving out (Section 17(2) of the Federal Registration Act (BMG)) and provide the information necessary for the proper maintenance of the registration records (Section 25(1) of the BMG). Anyone who fails to submit a move-in notification, submits it incorrectly or late, fails to deregister or does so late, or violates the obligation to cooperate is committing an administrative offense and may be subject to a fine of up to 1,000 euros.

1. Data Controller

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

2. Data Protection Officer

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

3. Purposes and Legal Basis for the Processing of Personal Data

Pursuant to Section 2(1) of the Federal Population Registration Act (BMG), the registration authority is required to record personal data on individuals residing within its jurisdiction (residents) in order to determine and verify their identity and place of residence. The personal data stored in the registration records is used by the Registration Authority to meet the legitimate information needs of both non-public entities and private individuals, as well as public authorities, in accordance with the provisions governing information from registration records (Sections 44 et seq. of the Federal Population Registration Act (BMG)) and data transfers (Sections 33 et seq. BMG) to meet the legitimate information needs of both non-public entities and private individuals as well as public authorities, and to assist in the performance of tasks by other public authorities (Section 2(3) BMG). On certain occasions, regular data transfers (§ 36 BMG; 1st and 2nd Federal Registration Data Transfer Ordinances) are made to other public authorities, as well as to religious communities under public law pursuant to § 42 BMG. Any additional data transfers, including regular ones, are carried out in accordance with provisions of federal or state law, which specify the respective underlying circumstances and purposes of the data transfer, the recipients, and the data to be transferred.

4. Categories of Recipients of Personal Data 

  1. The registration authority may transmit data from the registration register to other public authorities within Germany (see Section 2 of the Federal Data Protection Act) and to religious organizations governed by public law from the registration register, or may disclose data within the administrative unit (municipality), to the extent that this is necessary to fulfill its own tasks or those falling within the recipient’s jurisdiction.
  2. Private individuals and non-public bodies may, upon request, receive information regarding specific personal data for a fee, provided that the data subject can be unambiguously identified by the registration authority based on the information provided by the applicant. Upon request, private individuals and non-public entities may be provided with information regarding a large number of unnamed persons concerning their membership in a group (e.g., a specific birth cohort) and certain personal data, provided that a public interest can be established. Foreign authorities outside the European Union are treated as non-public bodies.
  3. Political parties, voter groups, and other entities submitting candidate lists may receive registration data in connection with elections and referendums at the state and local levels.
  4. Elected officials, the press, and broadcasters may receive data directly related to this specific purpose on the occasion of age and wedding anniversaries.
  5. The apartment owner or landlord is entitled to information about the residents registered at their address, provided they can demonstrate a legitimate interest. They may also verify with the registration authority that the person whose move-in they have confirmed has registered with the registration authority.
  6. Data may be transferred to public authorities 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, to the extent that this is necessary to fulfill public tasks falling within the jurisdiction of the registration authority or within the jurisdiction of the recipient. A prerequisite for data transfers within the EEA is that the EEA states adopt the provisions of the General Data Protection Regulation.

5. Duration of Storage 

Following a resident’s departure or death, the registration authority must immediately delete all data that does not serve to establish identity or verify residence, and that is not required for voting or income tax purposes or for the conduct of naturalization proceedings. Five years after a resident’s departure or death, the data stored for the purpose of fulfilling the registration authorities’ duties shall be retained for a period of 50 years and secured through technical and organizational measures. During this period, the data—with the exception of the last name and first names, as well as former names; the date of birth; the place of birth; and, in the case of birth abroad, the country of birth; current and former addresses; the date of departure; the date of death; the place of death, and—in the case of death abroad—the country of death, may no longer be processed. This prohibition on processing does not apply to the cases specified in § 13(2), sentence 3 of the Federal Civil Registration Act (BMG). Shorter retention periods apply to certain data pursuant to § 14(2) of the BMG.  

6. Rights of Data Subjects 

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

  1. The right to access information about the data stored regarding them and its processing (Article 15 of the GDPR).
  2. The right to rectification of data if their data is inaccurate or incomplete (Article 16 of the GDPR).
  3. The right to erasure of the personal data stored about them, provided that one of the conditions set forth in Article 17 of the GDPR applies. The right to erasure of personal data does not apply—in addition to the exceptions listed in Article 17(3) of the GDPR—if erasure is not possible or would require a disproportionate amount of effort due to the specific nature of the storage. In such cases, erasure is replaced by the restriction of processing in accordance with Article 18 of the GDPR.
  4. Right to restriction of data processing if the data has been processed unlawfully, if the data is necessary for the assertion, 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) of the GDPR). If the accuracy of the personal data is disputed, the right to restriction of processing applies for the duration of the accuracy review.
  5. Right to object to certain data processing activities, provided that there is no compelling public interest in the processing that outweighs the interests of the data subject, and no legal provision requires the processing (Article 21 of the GDPR). Further information on the right to object under the Federal Registration Act can be found in the notes on the registration form.

7. Right to Withdraw Consent

The transfer of personal data for the purposes of advertising or address trading is permitted only if the data subject has given consent (Article 6(1)(a) of the GDPR). Pursuant to Article 7(3) of the GDPR, consent may be withdrawn at any time by notifying the entity to which consent was previously given.

8. Right to File 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 Transfer and Storage in Thuringia

In addition to the provisions of the Federal Registration Act (BMG), regulations governing data transmission and data storage apply in Thuringia pursuant to the Thuringian Implementation Act for the Federal Registration Act (ThürAGBMG) and the Thuringian Registration Ordinance (ThürMeldeVO).

Thuringian Implementation Act for the Federal Registration Act (ThürAGBMG)

§ 4 Data Transfers to Religious Organizations Governed by Public Law 
§ 6 Content of the Mirror Registers

Thuringian Registration Ordinance (ThürMeldeVO)

§ 3 Scope of Data Transfer to the State Data Center and Data Updates 
§ 16 Regular Data Transfers to the Tax Offices 
§ 17 Regular data transfers to the Central Office established at the Thuringian Association of Statutory Health Insurance Physicians 
§ 18 Regular Data Transfers to the Child Welfare Center Established at the State Office for Consumer Protection 
§ 21 Regular data transmissions to the youth welfare offices 
§ 22 Regular data transfers by the registration authorities and the State Computing Center to tracing services 
§ 23 Regular data transfers by the registration authorities to religious organizations under public law