Datenschutz; Geltendmachung von Betroffenenrechten bei einer bayerischen Behörde

The rights of data subjects are based on the EU fundamental right to data protection and are defined in more detail in the General Data Protection Regulation (GDPR). As a data subject, you have the following rights that you can assert against the controller processing your personal data (e.g. against a public authority)

Right of access

You have the right to obtain confirmation from the controller as to whether or not personal data concerning you is being processed. If this is the case, you have a right to information about this personal data and to further information such as in particular

• the purposes of the processing
• the categories of personal data that have been processed
• the recipients or categories of recipients to whom this data has been or will be disclosed
• the planned duration for which this data will be stored
• the existence of a right to rectification or erasure or restriction of processing
• the existence of the right to lodge a complaint with a data protection supervisory authority
• where applicable, information about the origin of the data and
• the existence of automated decision-making.

Right to rectification

You have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning you.

Right to erasure

You have the right to demand that the controller erase your data if, for example

• the data is no longer necessary for the purposes for which it was collected, or
• you withdraw your consent and no other legal basis for the processing is apparent.

Right to restriction of processing

You have the right to request the controller to restrict the processing of your data if, for example

• the accuracy of your data still needs to be verified
• the processing is unlawful, but you do not request the erasure of the data, but only the restriction of its use, or
• the controller no longer needs the data for the purposes of the processing, but you still need it for the establishment, exercise or defense of legal claims.

Right to object

You have the right to object to the processing of your data at any time if your data is necessary for the performance of a task carried out in the public interest or in the exercise of official authority. You must explain the particular personal situation in order to justify the request.

You can only exercise the rights of data subjects in person. This means that you cannot request the correction of your neighbor's data, for example. For this reason, you must also clearly identify yourself to the relevant authority. A simple e-mail without identity documents is not sufficient!

Submit the application to the relevant authority.