Office for Environmental Protection: Privacy Information

Insofar as the processing of personal data is necessary for compliance with a legal obligation, it is based on Article 6(1)(c) DSGVO in conjunction with the relevant legal provision. In the case of tasks whose performance is in the public interest or which are carried out in the exercise of official authority, the data are processed in accordance with Art. 6(1)(e) DSGVO in conjunction with the relevant legal provision, e.g. Section 4 of the State Data Protection Act. If special categories of personal data are involved, e.g. information about health, religious beliefs or ethnic origin, the processing is based on Art. 9(2) DSGVO.

Such a legal obligation may arise from provisions of Union law or national law.

In accordance with the diverse tasks of the Office for Environmental Protection, the legal obligations for data processing can be found in various laws. Examples include the Federal Nature Conservation Act and the State Nature Conservation Act, the Federal Immission Control Act, the Chimney Sweep Trade Act, the Occupational Health and Safety Act, the Federal Soil Protection Act and the State Soil Protection Act, the Water Act and the Water Resources Act, the Driving Personnel Act, the Police Act, the Freedom of Information Acts such as the State Freedom of Information Act and the Environmental Administration Act.

Such legally required data processing serves, for example

• the execution of application and approval procedures
• the performance of control and monitoring duties
• the determination and collection of fees
• the fulfillment of information duties, whether towards the public (e.g. register of contaminated sites) or towards the individual (e.g. LIFG)
• the fulfillment of legal obligations to provide advice, e.g. § 25 LVwVfG (Administrative Procedure Act)
• administrative enforcement

Insofar as administrative fine proceedings are concerned, data processing is governed by the European JHA Directive in conjunction with §§ 45 ff of the Federal Data Protection Act and the Administrative Offences Act as well as the relevant specialized laws in which the specific facts are listed. The processing of the data serves the prosecution and punishment of administrative offenses.

In certain proceedings, you are required by law to provide the personal data necessary for the above-mentioned purposes. Failure to provide the data will result in administrative enforcement measures.In the area of application and approval procedures, failure to provide the data will result in your application or the declaration you have made not being processed or in advice only being provided to a limited extent.

Data processing in connection with contractual or pre-contractual relationships finds its legal basis in Art. 6(1)(b) DSGVO.
Here, the processing of the data serves the purpose of handling the respective contractual relationship in accordance with the agreements made there.

Contractual relationships in this sense are, for example:

• Contracts for work
• Service contracts
• Participation in competitions, e.g. environmental photo competition or environmental award
• Support programs
• Information and consulting programs

Entering into these contractual relationships and thus providing your personal data is voluntary. However, failure to provide this information will mean that you will not be able to participate.

In addition, your data will be processed if you have consented to the processing in accordance with Art 7 DSGVO. The legal basis of the processing is then Art. 6(1)(a) DSGVO.

The Environmental Protection Agency will disclose your personal data to its employees and third parties only on the basis of legal regulations or if there is a contractual agreement or express consent from you. Within the Environmental Protection Agency, only those persons who need to access your personal data in order to perform their official duties will have access to it.

We transmit personal data to other authorities and courts to the extent that this is necessary and permissible for our or their performance of duties.

By way of example, we would like to mention the following

• Offices of the state capital Stuttgart, e.g., insofar as they are involved in approval procedures
• Decision-making bodies, insofar as necessary and legally permissible
• Advisory bodies or other parties involved within the framework of a contractual relationship
• The Regional Council of Stuttgart, the Administrative Court of Stuttgart or the Local Court of Stuttgart within the framework of appeal and legal action proceedings
• to the central business register, the central driver's license register, the responsible registration or enforcement office, the responsible residents' registration office, driver's license office, police and judicial authorities, affected persons or organs of the administration of justice in the context of fine proceedings
• In the case of funded projects, the relevant auditing authority

We transmit data to third parties if this is provided for by contract or by law, e.g. in the context of requests to inspect files or inquiries under the State Freedom of Information Act or the Environmental Administration Act.

We publish data in media used by the City of Stuttgart and in the press if this is provided for by law, contractually agreed or covered by consent.
This is the case, for example, with

• Publication of environmental data in accordance with § 26 UVwG
• Publication of the winners of a competition
• Public relations work of the state capital Stuttgart

Data published on the Internet or in social networks can be accessed worldwide. Further use and/or modification by third parties cannot be ruled out. A complete deletion of the published data on the Internet cannot be guaranteed by the state capital Stuttgart, as other Internet sites may have copied or changed the data, for example. The state capital Stuttgart cannot be held liable for the type and form of use by third parties. The data will not be passed on by the state capital Stuttgart to recipients who pursue their own purposes with this data. In the case of social media, however, it may be that the respective social media service receives a right of exploitation to the published data.

According to Art. 5(1)(e) DSGVO, personal data may only be stored for as long as is necessary for the performance of the respective task.

This also includes storage beyond the actual process until the expiry of time limits that exist, for example, for the subsequent assertion of rights.

Furthermore, the principle of the rule of law requires that public administrative activities be recorded and documented so that the origin, workflow and current processing status of a process can be viewed at any time and as required. In this respect, all official records are subject to a retention obligation.

The Office of Environmental Protection stores personal data in accordance with legal and official regulations. The respective retention periods vary, depending on the type of procedure, from four weeks (e.g. personal data of visitors to the office in accordance with the Corona Ordinance) to six months (e.g. application documents), five years (e.g. fine proceedings), ten years (e.g. contracts, accounting records), 30 years (e.g. contaminated sites) and permanently (e.g. special cases in the area of the water register).

Every person affected by data processing has the following rights in accordance with the law, in particular the Data Protection Regulation (DSGVO) and the Federal Data Protection Act (BDSG):

• Right to information about the data stored about their person and its processing (Art. 15 DSGVO in conjunction with § 34 BDSG).
• Right to data correction if your data is incorrect or incomplete (Art. 16 DSGVO)
• Deletion of personal data stored about them, if one of the conditions of Art. 17 DSGVO applies. In addition to the exceptions listed in Art. 17(3) of the GDPR, the right to erasure of personal data does not exist if, due to the special nature of the storage, erasure is not possible or is possible only with disproportionate effort. In these cases, deletion is replaced by restriction of processing pursuant to Art. 18 DSGVO (Section 35 BDSG).
• Right to restriction of data processing if the data has been processed unlawfully, the data is required for the assertion, exercise or defense of legal claims of the data subject, although it is no longer required by the authorities, 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 (Art. 18 (1) litt. b, c and d DSGVO).
• If the accuracy of the personal data is disputed, the right to restrict processing for the duration of the accuracy check.
• Right to object to certain data processing, unless there is a compelling public interest in the processing that outweighs the interests of the data subject and no legal provision obliges processing (Art. 21 DSGVO in conjunction with Section 36 BDSG).
• Right of withdrawal for consents: The transfer of personal data for purposes other than those permitted by law is only permitted if the data subject has consented (Art. 6(1)(a) DSGVO). In accordance with Art. 7(3) DSGVO, consent may be revoked at any time with future effect vis-à-vis the office to which the consent was previously given.
• Right of complaint: Every data subject has the right to lodge a complaint with the supervisory authority if he or she believes that his or her personal data are being processed unlawfully. The competent supervisory authority is:
  The State Commissioner for Data Protection and Freedom of Information of Baden-Württemberg.
  P.O. Box 102932
  70025 Stuttgart
   poststellelfdi.bwlde