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Information about the conversion of the data protection-juridical default of the articles 13 to 14 of the data protection-basic order (DSGVO)

The Federal Court of Justice processes to the fulfilment of his duties your personal data in legally regulated procedures. Personal data are, for example, an information to your person, but also to circumstances which stand with your person in connection. By the processing we follow the highest demands for the security of your data. With the following tips we inform you according to data protection-basic order (DSGVO) about the processing of your personal data.

Summary

1. Who is responsible for the data processing?

You reach the person responsible of the Federal Court of Justice for the processing of the personal data upraised by you as follows:

Federal Court of Justice
Herrenstrasse 45 a
76133 Karlsruhe

Tel.: 0721 159-0
Fax: 0721 159-2512

E-mail: verwaltung@bgh.bund.de
DE mail: eingangsstelle@bundesgerichtshof.de-mail.de

2. Contact data of the data protection representative of the Federal Court of Justice

The data protection representative of the Federal Court of Justice is available to you for all questions for the processing of your personal data by us and for the perception of your relevant rights according to the data protection-basic order. This is to be reached as follows:

Mrs. Steinel
Herrenstrasse 45 a
76133 Karlsruhe
Tel.: 0721 159-0
E-mail: datenschutzbeauftragte@bgh.bund.de

The data protection representative is responsible exclusively for data protection-juridical questions. It is not authorised to provide to you content information about the treatment of your concern or to give legal advice.

3. Purpose and legal basis for the processing of the data

Their personal data are only processed, as far as this is necessary for the perception of the duties of the Federal Court of Justice or you have expressly agreed (§3 BDSG).

A legal basis with the fulfilment of the duties and competence of the organs of the administration of justice to linked data processing processes are articles 6 paragraph 1 c) and e) and article 9 paragraph 2 f) DSGVO as well as the appropriate regulations of the respective procedure orders.

Also after end of a procedure the data can be processed to the fulfilment of other legal duties, possibly to follow to legal safekeeping regulations. Then the regulations of the data protection-basic order (DSGVO) as well as the federal data protection act (BDSG) are valid it.

For the processing of personal data in connection with the prevention, inquiry, disclosure, pursuit or punishment of criminal offences or breaches of the law chapter 3 §§55 to 61 of the federal data protection act (BDSG) is expelled to the regulations in part 3.

4. How are your data processed?

For the execution of his duties the Federal Court of Justice uses IT-supported procedures in which your data are given. Besides, we use technical and organizational safety measures to protect your data against unintentional or wrongful destruction, loss or change as well as against unauthorized disclosure or unauthorized access.

5. Which categories of personal data are processed?

In the procedures before the Federal Court of Justice only such personal data are processed which are performed within the scope of the respective procedure and are needed (e.g., address data, if necessary property data within the scope of the legal aid).

As far as in the procedures before the Federal Court of Justice special categories of personal data (e.g., health data) play a role, these are only processed, as far as it is necessary for the work of the Federal Court of Justice within the scope of the dispensing justice activity. The legal basis for this is an article 9 paragraph 2 f) DSGVO.

Beyond the judicial procedures personal data of the following categories are processed:

  • personal identification and communication data, e.g., example given name and surname, address, e-mail address, phone number
  • for the treatment of your concern necessary information, in particular a headword-like description of your concern.

6. Compared with whom are the data disclosed?

a) Receiver

Within the Federal Court of Justice only those people receive access to your personal data which are entrusted with the realisation of the procedure in which your data are relevant for procedure. This are in particular the judges and female judges responsible for the respective procedure as well as other employees of the court and her respective representatives.

Towards third your data become only on the basis of legal regulations, other legal argument situations or if your explicit approval moreover is given revealed.

b) Categories of receivers

The Federal Court of Justice transmits personal data in particular cases in

  • Involved of the procedure in which your personal data have been raised, as far as it is necessary for the realisation of the procedure;
  • according to the respective procedure order in a procedure people to be consulted, e.g., experts or interpreters. Towards witness your personal data are disclosed, as far as it is necessary for the realisation of the procedure;
  • other courts, as far as it is necessary for their fulfilment of the problems;
  • Authorities, possibly security services, to the legal fulfilment of the problems;
  • other people in procedures which concern the Federal Court of Justice concerning registers who other people, which are inspection of records-entitled according to the respective procedure order or after other legal argument situations.

7. How long are the personal data stored?

The personal data which were raised within the scope of a judicial procedure are taken up in the procedure acts. The memory terms for the procedure acts determine themselves after the definitions about the periods for safekeeping for the written property with the Federal Court of Justice.

The safekeeping of the personal data which the Federal Court of Justice has received in connection with inputs and inquiries in particular from citizens and female citizens or in other administrative problems occurs according to the regulations of the Federal Court of Justice about the safekeeping and destruction of acts within the scope of the general written good management.

At the end of the periods for safekeeping the procedure acts and administrative acts are to be offered basically to the federal archive (§5 paragraph 1 and 2 BArchG).

8. Their rights as an affected person compared with the Federal Court of Justice

To protect efficiently your personal data, the data protection right grants to you a row of the rights which you can assert compared with the Federal Court of Justice:

  • Information about the processing (article 15 DSGVO)
  • Correction of wrong data (article 16 DSGVO)
  • Deletion not more of required data (article 17 DSGVO)
  • Restriction of the processing (article 18 DSGVO)
  • Data transferability (article 20 DSGVO)
  • Contradiction against the processing (article 21 DSGVO)

9. Complaint right

The Federal Court of Justice takes seriously the protection of your personal data. With your concerns which concern your personal data processed by us you can turn any time to the Federal Court of Justice.
It stays empty to you to turn with a complaint to the responsible supervisory authority:

The federal representative for the data protection and the freedom of information
Husarenstrasse 30
53117 Bonn
E-mail: poststelle@bfdi.bund.de

The federal representative takes data protection-juridical charge also of the Federal Court of Justice. Please, note that the federal representative is not responsible for the supervision about from the federal courts within the scope of her judicial activity to carried out processings (§9 paragraph 2 BDSG).

10. Are you obliged to provide your personal data?

Basically you must provide only the data which are necessary for the proper realisation of the procedure or for the treatment of your concern or are obliged to their elevation we according to the other laws.

If a duty exists after the decisive legal basis for the supply of your personal data, the legal results of an injury of this duty are directed after their regulations.

11. No automated decision-making in isolated case

Procedures to the automated decision-making are not used with the Federal Court of Justice.

12. Survey in connection with the visit of the Internet site of the Federal Court of Justice

We have taken technical and organizational measures which make sure that the regulations about the data protection are followed.
Our on-line offer contains links on Internet sites of third. We have no influence on the fact that these keep to the data protection regulations.
In the course of the advancement of our web pages and the use of new technologies adaptations of this data protection explanation can become necessary. Hence, we recommend you to peruse this data protection explanation now and again to ourselves once more.

  1. Internet site
    With every access to the Internet offer of the Federal Court of Justice and with every call of a file data about this process are stored temporarily in a protocol file and are processed. Before the storage every record is made anonymous by change of the IP address.
    In detail the following data are stored about every access / call:
    - anonymous IP address
    - Date and time
    - called page / name of the called away file
    - transferred data amount
    - Announcement whether the access / call was successful.

    The passing storage of the IP address by the system is necessary to allow a delivery of the website near the calculator of the user.
    The storage of the log files occurs to guarantee the security of the technical of information systems.
    The log files are extinguished after 30 days.

    We reserve ourselves the right to arrange a derivation of personal data in case of from heavy offence against our terms of utilisation or with inadmissible accesses or access attempts on our servers.

    By the call of single sides so-called temporary Cookies are used to make easier the navigation. No personal data contain this session Cookies and go to ruin at the end of the meeting. The technologies, as for example Java-Applets or Active-X-Controls which enable to understand the access behaviour of the users are not used.

  2. Order of the press release newsletter
    If you announce yourselves for the newsletter dispatch, we store your e-mail address.
    After registration you receive e-mail in which you are asked for the confirmation of your registration (stand-in Opt in). This prevents that somebody announces foreign e-mail addresses for our newsletter service. Within the scope of the registration process you are pointed out to the data protection explanation. With confirmation of the registration for the newsletter you agree to the processing of your data.

    Their data are used exclusively for the management of the newsletter.

    Legal basis for the processing of the data after registration for the newsletter is the approval of the user (article. 6 paragraphs 1 p. 1 a DSGVO).
    The approval can be revoked any time for the future. You use their cancellation right by cancelling the newsletter https://www.bundesgerichtshof.de/DE/Service/Newsletter/newsletter_abbestellen_node.html.
    With cancellation of the newsletter the purpose of the processing is cancelled. Their data are extinguished.

  3. Establishment of contact about contact form or directly about an e-mail address
    The transmission of the contents of the contact forms of the Federal Court of Justice occurs about a coded https connection.

    If you send us about a contact form or directly e-mail, the e-mail text and your e-mail address are used exclusively for the correspondence with you. With use of a contact form you agree to the processing of your data for the called purpose. Legal basis is therefore article. 6 paragraphs 1 p. 1 a.
    This approval can be revoked any time for the future.

    The duration of the storage is directed according to the regulations of the Federal Court of Justice about the safekeeping and destruction of acts within the scope of the general written good management.

  4. Double's order and decisive dispatch
    With an order you agree to the processing of your personal data to be given within the scope of the order process. We raise exclusively such data which are necessary for the purpose of the winding up of the order including the treatment of the payment process.

    As far as, besides, calculation processes are to be unwound, the documents necessary for it are kept according to the valid regulations of the Federal Court of Justice about the safekeeping and destruction by acts within the scope of the general written good management and are destroyed then.

    Payments to the Federal Court of Justice occur about the federal cash which receives the calculation data from us and treats this after the default for the payment supervision procedure. In addition, no passing on of personal data occurs into three parts.

  5. Accreditation
    If you put an accreditation request about the accreditation form for media representatives, agree to the processing of your personal data (article. 6 paragraphs 1 p. 1 a).

    The approval can be revoked any time for the future.

    Their data are used by the responsible employees of the Federal Court of Justice exclusively for the treatment of the request and the possible accreditation as well as for the organisation and realisation of your media activity on the area of the Federal Court of Justice.

    We extinguish the data four weeks after the court appointment for which you have put the accreditation request.

  6. Inquiry after excursions for visitor's groups with and without negotiations visit
    Their personal data are used exclusively for the treatment of your inquiry

    With your inquiry you agree to the processing of your data for the purpose of the treatment of your concern. This approval can be revoked any time.

    The duration of the storage is directed according to the regulations of the Federal Court of Justice about the safekeeping and destruction of acts within the scope of the general written good management.

13. Legal bases

Order (EU) in 2016/679 of the European Parliament and the advice from the 27th of April, 2016 for the protection of natural people by the processing of personal data, to the free data traffic and to the abolition of the directive 95 / 46 / the EC – data protection-basic order (DSGVO), ABl. The EU in 2016, L 119, p. 1

Federal data protection act (BDSG) from the 30th of June, 2017, BGBl. I 2017, p. 2097

Law about the use and protection of archive property of the alliance – federal archive law (BArchG) from the 10th of March, 2017, BGBl. I 2017, p. 410


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