Jobcenter: Data protection information

The Stuttgart Job Center processes data for the purpose of performing its statutory duties in accordance with the Second Book of the German Social Code (SGB II). It is obliged to provide money, material and services in an economic manner. This includes, for example, consulting and placement purposes and the granting of benefits of basic security for job seekers: Citizen's Allowance and Social Allowance. In addition, personal data is also processed in the execution of claims for reimbursement from other benefit providers or other agencies or to combat benefit abuse, as well as for the automated printing and mailing of the bonus card. All data collected for the performance of the Job Center's tasks are processed, among other things, for purposes of labor market and occupational research and for statistical purposes.

Data processing by the Stuttgart Job Center is based in particular on Article 6 (1) c DSGVO in conjunction with §§ 67 ff SGB X, SGB II as well as special legal regulations.

In addition, according to Article 6 (1) a DSGVO, data processing is also permitted if the data subject has given his/her consent.

The categories of data listed under "Categories of personal data" may be transferred to third parties for the purpose of the Job Center's statutory task performance, such as:

Other social benefit providers (for example, German pension insurance, health insurance), employers, training companies, measure/education providers, contracted physicians, tax offices, customs authorities law enforcement authorities and authorities for the prevention of danger (for example, police, public prosecutor's office, constitutional protection), courts, other third parties such as other municipal offices, vehicle registration office, Federal Ministry of Labor and Social Affairs, Federal Central Tax Office, Federal Audit Office, Federal Office for Migration and Refugees, Order processors (for example, scanning service providers, IT service providers), landlords (if payment is made directly to them), energy providers (if payment is made directly to them), debt counseling (only with the consent of the person concerned), addiction counseling (only with the consent of the person concerned), psychosocial care (only with the consent of the person concerned), schools (only with the consent of the person concerned), external research institutes (only for research applications approved by the Federal Ministry of Labor and Social Affairs), etc.

For data on the utilization of services, cash benefits and benefits in kind under SGB II, there is a retention period of 10 years after the case has ended. In this context, a case is terminated when the need for assistance has ceased or there is no longer any entitlement to benefits for other reasons, unless special support benefits are granted or legal disputes have not been concluded. The 10-year period is based on the statutory possibility of reclaiming benefits if it becomes known during this period that benefits were wrongly granted.

If a subsidy was granted by the European Social Fund, the data is stored for 13 years after the case is closed because this serves the purpose of accounting to the EU and is based on EU regulations (Article 140 Regulation (EU) Number 1303/2013).

If a claim of the job center (recovery/refund notice/loan) is still open, the data is stored for 30 years according to the regulations of the Code of Civil Procedure and the Civil Code, because only then the claims become time-barred. The period is calculated according to the enforcement attempt.

If the Job Center's medical-psychological service was involved, the data accrued there will be deleted after 10 years in accordance with the respective professional regulations.

In particular, the following categories of data are processed by the Jobcenter:

1. Master data incl. contact data
   

   These are, for example: Customer number, community of need number, surname, first name, date of birth, place of birth, address, telephone number (voluntary information), e-mail address (voluntary information), marital status, nationality, residence status, pension/social security number, bank details.

2. Data for the granting of benefits
   

   These are, for example: Proof of income, proof of assets, benefit period, amount, type, accommodation and heating requirements, data on maintenance claims/recourse claims, data on health insurance, pension insurance, long-term care insurance, data on duration and termination of employment, enforcement data, data on proceedings under the Administrative Offences Act (OWiG).

3. Data on career counseling and placement/integration in work
   

   These are, for example: Curriculum vitae, proof of degrees, etc., information on knowledge and skills, driver's license, qualifications (educational and vocational), performance, motivation, general conditions (mobility, voluntary information: family situation, financial situation, housing situation), data based on the commissioning of third parties (for example, measure providers, medical-psychological service), documentation of interview contacts as well as decisions, for example, in the form of counseling and placement notes, data on job offers, job applications (if not anonymized) and, if applicable, feedback from employers.

4. Health data
   This includes, for example, data for rehab care, assessments or statements by the Job Center's medical-psychological service (including career choice test, etc.) and the medical service of the health insurance funds.
   
5. Research data (survey data) and statistical data

1. Information
   Everyone has the right to request confirmation from the Job Center as to whether personal data concerning him or her are being processed. If such processing is taking place, information on all processed data may be requested.
2. Correction/completion
   If it is proven that the personal data processed by the Jobcenter are recorded incorrectly or incompletely, they will be corrected or completed immediately after becoming known.
   
3. Deletion
   If it is proven that personal data have been processed incorrectly, the deletion of the data concerned will be initiated without delay. This also applies if the data is no longer required for the performance of tasks. The storage periods are decisive for the assessment of this situation, whereby accounting periods or reclaim periods (compare explanations on storage periods) must be taken into account.

If data is processed on the basis of the consent of the data subject, the consent can be revoked at any time without giving reasons with effect for the future. The processing that took place until the revocation remains unaffected.

Data subjects have the opportunity to contact the State Commissioner for Data Protection and Freedom of Information of Baden-Württemberg (Königstraße 10 a, 70173 Stuttgart, Germany) if they believe that the processing of data concerning them violates the General Data Protection Regulation.

Anyone who has applied for social benefits (i.e. services, benefits in kind and cash benefits) at the Stuttgart Job Center or receives them from the Job Center is obliged to cooperate. This means that the person concerned must disclose all facts relevant to benefits, as well as changes in personal circumstances that may affect the granting of benefits. The obligations to cooperate also apply in the context of placement services. The obligations to cooperate also include the submission of documents relevant to the decision, the consent to obtain information from third parties, the personal appearance at the competent benefit agency and, if necessary, the consent to medical or psychological examination measures. The obligations to cooperate are derived from the First and Second Social Security Codes. In the event of non-compliance, benefits may be refused or withdrawn. In addition, the entitlement to benefits can be reduced due to sanctions in the event of violations of obligations (§ 31a SGB II).

The job center may also collect personal data from other public and non-public agencies or persons, subject to compliance with the legal requirements. These can be, for example, other social benefit providers, employers, training companies, contracted doctors, measure/education providers, etc. In addition, personal data can also be obtained from public sources such as the Internet, civil register, commercial register, land registry offices.

As part of the placement process, job requirements can be automatically matched with an applicant's competencies to enable a precisely fitting placement (so-called matching). The following criteria, among others, are used in this process:

Working hours, places of work, occupations, training positions, training occupation, school-leaving qualifications, entry dates, knowledge and skills, language skills, time limit, disability (with consent), school grades, driver's licenses, vehicles (mobility), vocational qualifications, educational qualifications.

The higher the match of skills with the requirements of the job offer, the more likely a corresponding placement proposal is. However, the decision as to whether a placement proposal is made is made by the placement / counseling specialist.

The use of personal data for purposes other than the purpose of collection is permitted only within the scope of the purposes specified under "Processing purposes" and provided that the new purpose is compatible with the purpose of collection.