Foreigners' Registration Office: Data protection information

The Office collects personal data on the basis of statutory provisions in accordance with Sections 86 to 91g of the Residence Act, also in conjunction with Regulation (EU) 2016/679, Directive (EU) 2021/1883, Directive 2014/66/EU, Directive (EU) 2016/80, Directive 2003/109/EC, in particular:

• to process decision-making procedures under aliens law, in particular regarding residence permits, visa procedures and expulsion and deportation procedures, as well as to issue other certificates and documents under aliens law
• for the processing of procedures within the framework of freedom of movement within the European Union
• in the context of participation in asylum procedures, also in accordance with Sections 7 and 8 of the Asylum Act
• in the context of administrative offense proceedings, in compliance with the RL-JI and the second section of the second part of the Act on Administrative Offenses (OWiG)
• on the basis of your consent (Art. 6 para. 1 lit. a GDPR and Art. 9 para. 2 lit. a GDPR), in particular: to obtain documents, evidence and information in the context of the aforementioned procedures
• in order to comply with the duty to provide advice pursuant to Section 25 LVwVfG in the event of inquiries and requests for information.

The personal data is processed in the procedure for which it was collected.

Personal data is passed on to third parties:

• In the context of legally regulated procedures for the involvement of specialist offices and authorities in accordance with the following table. The list is not exhaustive. In individual cases, other bodies may also be involved if this is provided for by law.
  
  

  Recipient	Reason for disclosure, transmission
  Federal Office of Administration Central Register of Foreigners	Data comparison, notification obligations
  Federal Central Office Federal Central Register	Queries in the BZR
  Security and judicial authorities	Notifications of findings Residence Act, Asylum Act
  Registration authorities	Obligation to register AufenthG
  Other immigration authorities	Participation according to AufenthG
  Federal Office for Migration and Refugees	Cooperation according to AufenthG, Integration Course Ordinance
  Regional Councils of Stuttgart and Karlsruhe	Participation in approval procedures provided for under state law and (Karlsruhe Regional Council) in deportations
  Foreign Office	Data transmission in visa procedures
  Federal Printing Office	Production of documents
  Social benefits authorities, Federal Employment Agency	Participation procedures, for example for proof of livelihood and employment

• In the context of appeal/complaint proceedings: the Stuttgart Regional Council, the Stuttgart Administrative Court or the Stuttgart Local Court or Regional Court as well as authorized parties to the proceedings in accordance with the statutory provisions.
• If you use the online procedure to apply for residence permits, the data will be transmitted to the Institution for Municipal Data Processing in Bavaria (AKDB), Hansastr. 12-16, 80686 Munich. You can view the detailed data protection declaration for this procedure on the start page of the respective process.

Administrative activities under public law require recording and documentation so that the origin, workflow and current processing status of a process can be viewed at any time and as required. This obligation is derived from the principle of the rule of law. In this respect, all official records, including municipal records, are subject to a retention obligation.

Personal data is stored in accordance with legal regulations.

The data recorded in the foreigners file in accordance with the Residence Ordinance must be deleted ten years after the foreigner has left the area of responsibility of the foreigners authority; in the case of naturalization and death, it must be deleted regularly after five years. The data of a foreigner who has been expelled, returned or deported is deleted in accordance with Section 91 (1) of the Residence Act (AufenthG) ten years after the blocking effects in accordance with Section 11 (1) sentence 3 AufenthG have expired. A storage or retention period of 10 years applies to all other cases.

In misdemeanor proceedings, the retention period may not exceed five years in accordance with Section 49c (5) OWiG for fines of more than 250 euros and two years in all other cases. Exceptions apply if the misdemeanor proceedings are the basis of a decision under residence law. In this case, the retention period ends in accordance with the provisions of residence law.

In certain procedures, you are legally obliged to provide the personal data required for the above-mentioned purposes (see in particular Sections 47a, 48, 82 of the Residence Act). If you refuse to cooperate and the necessary data cannot be derived from another context, this will be at your expense and you must expect your application to be rejected and further disadvantages under residence law.

You are not obliged to provide your telephone number, fax number or e-mail address. However, this information will make it easier and faster to contact you. If you do not provide this information, you can only be contacted in writing. This can lead to delays in processing.

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

• Right of access to the personal data stored about them and its processing (Art. 15 GDPR)
• Right to data rectification if their data is incorrect or incomplete (Art. 16 GDPR)
• Right to erasure of the personal data stored about you if one of the conditions of Art. 17 GDPR applies.
• The right to erasure of personal data does not exist in addition to the exceptions mentioned in Art. 17 para. 3 GDPR 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 Art. 18 GDPR takes the place of erasure.
• Right to restriction of data processing if the data has been processed unlawfully, the data is required for the establishment, 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) 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
• Right to object to certain data processing, provided that there is no overriding public interest in the processing that outweighs the interests of the data subject and there is no legal obligation to process (Art. 21 GDPR)

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 vis-à-vis the office to which the consent was previously given.

Every data subject has the right to lodge a complaint with the supervisory authority (Der Landesbeauftragte für den Datenschutz und die Informationsfreiheit Baden-Württemberg; Postfach 10 29 32, 70025 Stuttgart; poststellelfdi.bwlde if he or she believes that his or her personal data are being processed unlawfully.