Privacy policy

For electronic applications in the procedure for taking over rent arrears on the social platform

Privacy policy for electronic applications in the procedure for taking over rent arrears on the social platform

In this privacy policy for the social platform, which can be accessed at https://sozialplattform.de, we explain below how information that can be individually assigned to you or others as a person (the "personal data") is processed and used when electronic applications are created via the .

We explain for each step of data processing,

which authority is responsible under data protection law (section 1),
whom you can contact if you have any questions about data protection (section 2), and
what rights you and other persons whose personal data is processed are entitled to (section 3).

In section 4, we explain the individual steps of data processing, in particular why these steps take place in each case, the legal basis on which they are based, how the steps work in each case and how the personal data is specifically processed in each case.

1. Responsible authority

For the processing of personal data in the context of the electronic application, the authority responsible under data protection law is the one that is also responsible for the further processing of the application in the subsequent administrative procedure or to which the application is sent electronically. The authority responsible for the specific application under data protection law is displayed on the service details page after selecting the location. The data protection officer of the respective authority should be contacted directly for data protection inquiries. The contact details are listed in section 2.

The data protection officer of the respective authority should be contacted directly for inquiries regarding data protection. The contact details are listed in section 2.

2. Data protection officer or data protection officer, supervisory authority

The contact details of the data protection officer of the authority responsible for data protection depend on your place of residence. You will be informed as follows when your personal data is collected: Once you have selected an application and your place of residence, you will be taken to the selected application route by clicking on "Submit application". Here you select a registration method, e.g. BundID. Once you have made your selection, you will be taken to the terms of use and data protection information. If you click on "Privacy policy", you will find the contact details of the data protection officer under point 9.

3. Rights as a data subject

Any person whose personal data is processed by a public authority can assert the following rights as a data subject vis-à-vis the responsible authority (in accordance with point 1).

3.1 Right of access and copy

Affected persons may request information from the authority pursuant to Art. 15 GDPR as to whether it processes personal data concerning them. If this is the case, data subjects can request the information on data processing specified in Art. 15 GDPR. At the request of the data subject, the responsible authority (in accordance with section 1) shall provide a copy of the personal data processed.

3.2. Right to rectification

Data subjects may request that the authority rectify inaccurate personal data concerning them or, where applicable, complete incomplete personal data in accordance with Art. 16 GDPR.

3.3. Right to erasure

Pursuant to Art. 17 GDPR, data subjects may request that the authority erase personal data concerning them, provided that the conditions set out in Art. 17 GDPR are met. 17 GDPR are met.

3.4. Right to restriction of processing

Data subjects may request the authority to restrict processing in accordance with Art. 18 GDPR that the processing of personal data concerning them be restricted, provided that the conditions set out in Art. 18 GDPR are met.

3.5 Right to data portability

In accordance with Art. 20 GDPR, data subjects may receive the personal data concerning them in a structured, commonly used and machine-readable format and may transmit this data from one controller to another, provided that the conditions set out in Art. 20 GDPR are met. 20 GDPR are met.

3.6. Right to object to processing

Data subjects may, on grounds relating to their particular situation, lodge an objection with the authority pursuant to Art. 21 GDPR against the processing of personal data concerning them, which is carried out on the legal basis of Art. 6 para. 1 subpara. 1 lit. e) GDPR.

The authority will then no longer process the personal data unless it can demonstrate and, where applicable, prove that the conditions for the continued processing of this data are met.

3.7. Right to withdraw consent

Affected persons may at any time withdraw consent that they have given to the authority for the processing of personal data concerning them in accordance with Art. 7 para. 3 GDPR. The withdrawal of consent is only effective for the future; the processing of personal data already carried out on the basis of the consent is not affected by the withdrawal.

If consent is only given for a single processing step, this processing step is carried out and completed immediately after consent is given, and subsequent processing steps are not carried out on the basis of consent, any withdrawal of consent may no longer have any effect.

3.8. Right to lodge a complaint with the data protection supervisory authority

Affected persons may lodge a complaint about the processing of personal data concerning them by the authority at any time. Such a complaint must be lodged with the competent data protection supervisory authority.

4. How your personal data is processed

In this section 4, we explain the individual processing steps in which personal data is processed. We describe the general and overarching processing steps (sections 4.1 and 4.3) and, in section 4.2, discuss the application that can be submitted electronically via the social platform for the transfer of rent arrears.

4.1. Technical operation of the social platform

The technical operation of the social platform, and therefore all processing of personal data in accordance with this privacy policy, is carried out entirely by Landesbetrieb Information und Technik Nordrhein-Westfalen (IT.NRW), Mauerstraße 51, 40476 Düsseldorf. IT.NRW acts in each case as an additional processor for the authority responsible for data protection (pursuant to Section 1) in accordance with Art. 28 GDPR in conjunction with Section 80 SGB X. § Section 80 SGB X.

4.2. Electronic applications for benefits

In the following, we present the application in detail.

Application for the transfer of rent arrears

Whose personal data is processed? (Categories of data subjects)

Applicants, including, for example representatives or carers

benefit recipients

household members of the benefit recipient

Other Persons with a family or similar relationship to the beneficiary

Landlords

What categories of personal data are processed?

Master data of the caregiver or authorized representative: surname, first name, organization/association if applicable, relationship to the applicant if applicable
. Relationship to the applicant

Master data of the applicant: surname, first name, date of birth, information on academic degree

Contact details of the applicant: telephone number, e-mail address, address in Germany/abroad

Contact details of the supervisor or authorized representative: Telephone number, e-mail address, address in Germany/abroad

Contact details of the landlord/landlady: (if the applicant wishes to contact the landlord/landlady directly) Surname, first name, telephone, e-mail, address

General data on household members: surname, first name, date of birth, nationality, relationship to the applicant
Financial and insurance data: Receipt of benefits (SGB II, SGB III), details of income, details of assets, car, pension provision, claims against third parties, real estate and land ownership, details of rental, details of landlord/landlady's bank details, rent debts/rent arrears incl. reason Reason, proof of assumption of rent arrears, proof of assets, utility bill, proof of income of all persons living in the household, bank statements of the last 3 months of all persons living in the household
General data on housing situation: homelessness or homelessness, future housing situation, information on rental costs and apartment size, information on previous loss of housing including address, proof of rental contract/rental certificate
Citizenship and residence information: Legal residence status, date of entry, nationality
Judicial information: Status of proceedings for rent debts, insolvency proceedings, eviction action
Special personal data pursuant to Art. 9 GDPR: Disability of persons living in the household
Metadata: Pseudo user ID, process ID, creation date, last update date, completion date, (client) ref ID, session ID, user ID, user object (also contains user ID and session ID), document UIDs, document data, application ID

Why is the data processed? (Purposes of processing)

Conducting the administrative procedure for deciding on the entitlement to take over rent arrears.

What happens to the personal data?

The personal data is recorded electronically on the social platform and transmitted electronically to the competent body (authority responsible for data protection pursuant to section 1). The information is then processed by the competent authority for the decision on the assumption of rent arrears in the administrative procedure.

What is the legal basis?

2. The competent body (authority responsible for data protection pursuant to Section 1) collects and processes the personal data on the legal basis for the administrative procedure for the takeover of rent arrears, i.e. Art. 6 para. 1 subpara. 1 lit. e), Art. 9 para. 2 lit. h) GDPR in conjunction with Section 36 para. 1 SGB X. § Section 36 (1) SGB XII, Section 22 (8) SGB II in conjunction with. §§ Sections 67 ff. of SGB X.

Is there an obligation to provide this personal data and what are the consequences if the data is not provided?

Whoever wishes to apply for the assumption of rent arrears is legally obliged to provide all information relevant to the decision and, if necessary, to provide any requested evidence in accordance with Sections 60-67 SGB I. If the required data is not provided, the application cannot be processed properly.

The information and evidence does not have to be provided electronically via the social platform, but can also be provided via other communication channels or in person.

The competent body (authority responsible for data protection in accordance with section 1) may refuse the application as long as the information required for the decision has not been provided.

How long will the personal data be stored?

1. After the application has been sent, the personal data collected for the application will be deleted from the social platform immediately, usually after just a few minutes.

2 At the responsible body, the duration of the storage of personal data is based on the principle of storage limitation regulated in Art. 5 para. 1 lit. e GDPR, which specifies the principle of data minimization in terms of time. The responsible bodies determine the specific duration of storage on their own responsibility.

4.3 Cross-border data processing for various electronic applications

The processing steps described in this section 4.3 are implemented uniformly for all applications that can be submitted electronically on the social platform and apply to the application procedure mentioned in section 4.2 above.

4.3.1 Authentication using a new ID card or electronic residence permit

Whose personal data is processed? (Categories of data subjects)

Applicant and, if applicable, the caregiver or authorized representative

Which categories of personal data are processed?

Family name
First name
Date of birth
Address

Why is the data processed? (Purposes of processing)

Media-interruption-free authentication of the applicant or the carer or authorized representative in order to be able to assign an application to a user of the social platform.

What happens to the personal data?

When authenticating using the new ID card (nPA) or electronic residence permit, the above-mentioned personal data is read from the secure memory chip of the nPA using the reader (e.g. chip card reader or smartphone) and transmitted directly to the local web browser via the locally installed ID card app and from there to the social platform. During this transmission, no third party acts as an intermediary for the data.

What is the legal basis?

1. The above-mentioned data is only retrieved with the consent of the applicant or the caregiver or authorized representative.

2. The processing on the social platform by MAGS NRW and IT.NRW is carried out by way of order processing in accordance with Art. 28 GDPR in conjunction with Section 80 SGB X for the respective applicant. § Section 80 SGB X for the authority responsible for the application under data protection law (in accordance with Section 1).

3. The authority responsible for the application under data protection law (in accordance with Section 1) collects the personal data on the legal basis for the respective administrative procedure. The legal basis for the administrative procedure is specified in section 4.2.

Is there an obligation to provide this personal data, and what are the consequences if the data is not provided? The applicant or the caregiver or authorized representative is not legally obliged to identify themselves to the authority responsible for the administrative procedure for deciding on the application (authority responsible for data protection pursuant to section 1) by means of an nPA or electronic residence permit.

However, all applications that can be submitted electronically via the social platform require technical identification, either via the nPA, electronic residence permit or a user account.

The electronic application cannot be completed without identification. However, the applicant or representative is still free to submit the application to the competent authority by other means.

How long will the personal data be stored?

The personal data will be deleted from the social platform with the other application data after the application has been sent to the competent authority (authority responsible for data protection in accordance with section 1).

The personal data will also be stored by the competent authority (authority responsible for data protection pursuant to section 1) in the respective administrative procedure for deciding on the application in accordance with the applicable regulations.

4.3.2. authentication via user account

Whose personal data is processed? (Categories of data subjects)

Applicant and, if applicable, caregiver or authorized representative

Which categories of personal data are processed?

Family name
First name
Date of birth
Address
Salutation
Mailbox of the user account
E-Mail

Why is the data processed? (Purposes of processing)

Media-interruption-free authentication of the applicant or the caregiver or authorized representative in order to be able to assign an application to a user of the social platform.

What happens to the personal data?

When authenticating via a user account, e.g. the Servicekonto.NRW, a service account of the federal government or another federal state, the above personal data is requested if it is stored in the user account.

The data is retrieved from the authority responsible for managing the respective user account (transmission).

What is the legal basis?

1. The above-mentioned data will only be retrieved with the consent of the applicant or the caregiver or authorized representative in accordance with Section 8 (6) OZG.

2. The processing on the social platform by MAGS NRW and IT.NRW is carried out by way of commissioned processing in accordance with Art. 28 GDPR in conjunction with Section 80 SGB X for the respective applicant. § Section 80 SGB X for the authority responsible for the application under data protection law (in accordance with Section 1).

Is there an obligation to provide this personal data, and what are the consequences if the data is not provided? the caregiver and authorized representative is not legally obliged to legitimize themselves to the authority responsible for the administrative procedure for deciding on the application (authority responsible for data protection in accordance with section 1) by means of a user account or to consent to the transfer of data.

However, all applications that can be submitted electronically via the social platform require technical legitimization, either via the nPA, electronic residence permit or a user account.

The electronic application cannot be completed without legitimization. However, the applicant or the caregiver and authorized representative are still free to submit the application to the competent authority by other means.

How long will the personal data be stored?

The personal data will be deleted on the social platform with the other application data after the application has been sent to the competent authority (authority responsible for data protection in accordance with section 1).

4.3.3. Inclusion of data from the user account in the application

Whose personal data is processed? (Categories of data subjects)

Applicant and, if applicable, caregiver or authorized representative

Which categories of personal data are processed?

Family name
First name
Date of birth
Address
Address
Email

Why is the data processed? (Purposes of processing)

Transfer of the above personal data of the applicant or the caregiver or authorized representative to pre-fill the application form without media discontinuity.

What happens to the personal data?

If the applicant or the caregiver or authorized representative authenticates themselves via a user account at the beginning of the application process, e.g. the Servicekonto.NRW, a service account of the federal government or another federal state, the above personal data can be transferred to the respective application, provided that it is stored in the user account.

The data is retrieved from the authority responsible for maintaining the respective user account (transmission).

All transferred data can be changed and overwritten here by the applicant or the caregiver or authorized representative.

What is the legal basis?

1. the transfer of the above-mentioned data only takes place with the consent of the applicant or the caregiver or authorized representative.

2. the processing on the social platform by MAGS NRW and IT.NRW takes place by way of commissioned processing in accordance with Art. 28 GDPR in conjunction with Section 80 SGB X for the respective social platform. § Section 80 SGB X for the authority responsible for the application under data protection law (in accordance with Section 1).

Is there an obligation to provide this personal data and what are the consequences if the data is not provided? The applicant or the caregiver or authorized representative is not legally obliged to consent to the data transfer.

If the applicant or the caregiver or authorized representative does not consent to the processing, the information must be entered themselves.

How long will the personal data be stored?

The personal data will be stored in the application on the social platform and deleted from the social platform with the other application data after the application has been sent to the competent authority (authority responsible for data protection pursuant to section 1).

4.3.4. Storage of unsent applications

Whose personal data is processed? (Categories of data subjects)

The data of the same persons submitting the request.

Which categories of personal data are processed?

The same categories as in the respective request.

Why are the data processed? (Purposes of processing)

To enable the interruption and subsequent completion of an application, for example to provide further information or documents that are relevant to an application.

What happens to the personal data?

The data is stored in the social platform database. The storage of unsent applications is only possible if the applicant or the caregiver or authorized representative has authenticated themselves with a user account. Beyond this, no further processing of the data takes place.

What is the legal basis?

1. The processing on the social platform by MAGS NRW and IT.NRW takes place by way of commissioned processing in accordance with Art. 28 GDPR in conjunction with Section 80 SGB X for the respective social platform.

2. The authority responsible for the application under data protection law (in accordance with Section 1) collects the personal data on the legal basis for the respective administrative procedure, as it must be possible for the applicant - as with applications in paper form - to complete their application at a later date. The legal basis for the administrative procedure is specified for the respective procedure in section 4.2.

Is there an obligation to provide this personal data and what are the consequences if the data is not provided?

The applicant or the caregiver or authorized representative is not legally obliged to store the data on the social platform. Saved applications can be deleted at any time. However, all data must then be entered again when submitting a new application.

How long is the personal data stored?

Saved applications are deleted 24 hours after the last change to the application, unless they are sent beforehand. After that, applications deleted from the system can still be reconstructed from encrypted data backups for a period of 6 weeks.

4.3.5. Transmission of submitted applications

Whose personal data is processed? (Categories of data subjects)

The data of the same persons submitting the request.

Which categories of personal data are processed?

The same categories as in the respective request.

Why are the data processed? (Purposes of processing)

Conducting the administrative procedure to decide on the respective application.

What happens to the personal data?

After an application has been sent by clicking on the "Submit application" button, the data is technically processed and transmitted via the so-called "Central Data Exchange Infrastructure" (CDE). After an application has been sent by clicking on the "Submit application" button, the data is technically processed and forwarded via the "Central Data Exchange Infrastructure" (ZDI) to the authority responsible for the administrative procedure for deciding on the application (authority responsible under data protection law in accordance with section 1).

What is the legal basis?

1. The transfer to the "Central Data Exchange Infrastructure" (ZDI) and processing by its operator is carried out by way of order processing in accordance with Art. 28 GDPR in conjunction with Section 80 of the German Social Code (SGB X).

2. The authority responsible for the application under data protection law (in accordance with Section 1) collects the personal data on the legal basis for the respective administrative procedure. The legal basis for the administrative procedure is specified for the respective procedure in section 4.2.

How long will the personal data be stored?

The data is deleted from the social platform by the ZDI within a few minutes immediately after processing and transmission to the responsible authority.

4.3.6 Session cookie of the form management system

Whose personal data is processed? (Categories of data subjects)

User of the web browser through which the online application form is completed.

Which categories of personal data are processed?

Unique identifier to recognize the user in the form management system.

Why is the data processed? (Purposes of processing)

Unique assignment of the application form to a specific browser session and assignment of the communication between the form management system and the browser.

What happens to the personal data?

The unique identifier is stored in a cookie file on the user's end device.

What is the legal basis?

1. The processing on the social platform by MAGS NRW and IT.NRW is carried out by way of commissioned processing in accordance with Art. 28 GDPR in conjunction with Section 80 SGB X for the respective social platform. § Section 80 SGB X for the respective authority responsible for the application under data protection law (in accordance with Section 1).

2. The respective authority responsible for the application under data protection law (in accordance with Section 1) processes the personal data on the legal basis for the administrative procedure specified in Section 4.2, as this processing is technically necessary for the online application.

3. If data is retrieved from the user's terminal device or stored on the terminal device, this is done by the authority responsible for the application under data protection law (in accordance with Section 1) on the legal basis of Section 25 (2) TTDSG, as the retrieval and storage are necessary for the function of the online application.

How long is the personal data stored?

The session cookie, which contains the unique identifier, is deleted when the web browser is closed.