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Privacy Policy and information
pursuant to Articles 13 and 14 of the General Data Protection Regulation

The protection of personal data is very important to the Federal Fiscal Court. We would like you to know when we store which data and how we use them. The Federal Fiscal Court is subject to the provisions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG).

We have taken technical and organisational measures to ensure that the data protection regulations are observed both by us and by external service providers.

In the course of the further development of our website and the implementation of new technologies, changes to this data protection declaration may also become necessary. We therefore recommend that you read this Privacy Policy again from time to time.

Controller in the sense of the GDPR

The President of the Federal Fiscal Court
Ismaninger Strasse 109
81675 München
bundesfinanzhof[at]bfh.bund.de

A. Processing of personal data for the performance of the tasks assigned by law

1. Purpose and scope of the processing of personal data

The Federal Fiscal Court processes personal data in the performance of the responsibilities assigned to it by law. As the supreme federal court for taxes and customs duties, the Federal Fiscal Court is responsible for ensuring the uniformity of judicial decisions and for updating the law where necessary.

In legal proceedings before the Federal Fiscal Court, only such personal data will be processed that are listed and required in the context of the respective proceedings (in particular contact data: names, addresses, e-mail addresses, telephone numbers, bank details, tax status, personal and financial circumstances, if any, in the context of legal aid).

Further purposes are also auxiliary or supporting functions (court administration), such as primarily personnel recruitment and personnel administration, management of prospective candidates, applicant data administration, supplier and service provider data administration, press and public relations work and other activities that become necessary in the administration of a court. In doing so, the Federal Fiscal Court as a contracting party under civil law or as an agency under public law processes personal data, in particular personal identification and communication data (names, addresses, e-mail addresses, telephone numbers) and, where applicable, bank account details.

Even upon completion of proceedings or an administrative procedure, the data may still be processed for the fulfilment of other legal obligations, in particular to comply with the legal retention requirements.

2. Legal basis of the processing

The legal basis for the data processing operations relating to the performance of the duties and powers of the institutions of the administration of justice is Article 6(1)(b), (c) and (e) and Article 9(2)(f) of the GDPR and the relevant provisions of the respective procedural regulations.

3. Electronic data processing

To carry out its tasks, the Federal Fiscal Court also uses IT-supported procedures in which your data are entered. We use technical and organisational security measures to protect your data against accidental or unlawful destruction, loss or modification and against unauthorised disclosure or access.

4. Recipients of of data

Within the Federal Fiscal Court, only those persons who are responsible for conducting the legal proceedings or performing the corresponding administrative tasks for which your data are relevant are granted access to your personal data. These are in particular the judges responsible for the respective court proceedings as well as other employees of the court and their respective representatives or the employees of the Federal Fiscal Court responsible for the respective administrative activity and their respective representatives and superiors.

In the performance of its public duties, the Federal Fiscal Court transfers personal data to other public bodies of the Federation and to the public, press, visitors and persons concerned, if necessary while maintaining tax secrecy in accordance with § 30 of the German Tax Code. It is always checked whether and to what extent a transmission in this sense is necessary and permissible. Your data will only be disclosed to third parties on the basis of statutory provisions, other legal bases or if your express consent has been obtained.

Categories of recipients:

The Federal Fiscal Court transmits personal data in individual cases to

  • parties involved in the proceedings in which your personal data was collected, insofar as this is necessary for the conduct of the proceedings;
  • individuals who are to be called upon in proceedings in accordance with the relevant procedural regulation, insofar as this is necessary for conducting the proceedings (e.g. experts, interpreters or witnesses)
  • other courts to the extent necessary for the performance of their functions;
  • authorities or other public bodies of the Federation for the statutory fulfilment of their functions or to support the internal administrative activities of the Federal Fiscal Court
  • Contractors of the Federal Fiscal Court for the internal administrative activities of their own department;
  • Visitors to the Federal Fiscal Court or members of the press during oral hearings.

5. Storage or retention period

Personal data collected in the course of legal proceedings are entered in the case files. The storage and retention periods for the case files are regulated by the Law on the Retention of Documents of the Federal Courts and the Federal Advocate General after the end of proceedings (Law on the Retention of Judicial Files) and the provisions on retention periods for files in matters of the Federal Fiscal Court.

The storage of personal data which the Federal Fiscal Court processes in connection with submissions and enquiries or within the framework of court administration is carried out in accordance with the Directive on the Processing and Administration of Documents in Federal Ministries.

After expiry of the retention periods, the procedural and administrative files must in principle be offered to the Federal Archives (§ 5(1) and (2) of the Federal Archives Act).

6. Video surveillance

The property of the Federal Fiscal Court is monitored by video surveillance indoors and outdoors in order to safeguard domiciliary rights and for purposes of averting danger and criminal prosecution. Processing takes place on the basis of Article 6(1) lit. e GDPR in conjunction with § 4 BDSG. The video is continuously recorded automatically (24 hours/7 days).

The video stream is stored with access restrictions (password protection). This involves storing the video image, recording time, recording location, file name, file type, size and creation date. Searches in the video recordings are only carried out as required and only by authorised employees of the Federal Fiscal Court.

The video data collected will only be transmitted to criminal investigation authorities if this is required in the context of a justified police measure or by judicial order. The handover is documented. The transmission of data to the investigating authorities is usually made to the Bavarian State Police. The information is not passed on in other cases and is not automatically compared with other police information sources.

The video recordings are retained for the maximum period based on the available storage space and are always deleted continuously by overwriting the (oldest) contents. If they are required for a police measure or an investigation or legal proceedings, they are stored separately and, depending on such proceedings, are only deleted when they are no longer needed.

B. Processing of (personal) data when using the website

1. General information about data processing on our website

1.1. Scope and purpose of of processing of personal data

We generally process personal data of our users only to the extent necessary to provide and optimise a functioning website and our contents and services.

1.2. Legal basis for the processing of personal data

This website and its individual features are part of the press and public relations work of the Federal Fiscal Court. The legal basis for the processing of personal data in the context of this public relations work is Article 6(1) lit. e GDPR in conjunction with § 3 BDSG.

1.3. Data erasure and storage duration

Your personal data will be erased as soon as the purpose for which they were stored no longer applies.

2. Provision of the website and creation of log files

2.1. Description and scope of data processing

Every access to the Federal Fiscal Court's website is temporarily stored in a log file. We store your data on specially protected servers in Germany. Access to these is only possible for a few specially authorised persons who are involved in the maintenance of the servers.

The following data are stored in the log file:

  • anonymised IP address of the accessing device
  • date and time of retrieval
  • information about the browser type and the version used
  • operating system
  • web pages from which the user's system accesses our website (referrer)
  • request details and destination address (protocol version, http method, UserAgent string)
  • name of the retrieved file and transferred data volume (requested URL including query string, size in bytes) and
  • message whether the retrieval was successful (http status code).

2.2. Legal basis for data processing

The legal basis for the temporary storage of the data and log files is Article 6(1) lit. e GDPR in conjunction with § 3 BDSG.

2.3. Purpose of data processing

The temporary storage of the anonymised IP address by the system is necessary to enable the website to be delivered to the user's computer. For this purpose, the anonymised IP address of the user must be stored for the duration of the session.

The storage of the anonymous IP address on the delivery servers serves to ensure operation and protection against attacks (e.g. DDoS).

2.4. Recipients of of data

Data that were logged during access to the website of the Federal Fiscal Court will only be transferred to third parties if we are obliged to do so by law or by court order or if the transfer is necessary for legal or criminal prosecution in the event of attacks on the Internet infrastructure of the Federal Fiscal Court. A transfer for commercial or other non-commercial purposes will not take place.

2.5. Duration of storage

The log files are stored centrally and deleted after 14 days. If they are required for a police measure or an investigation or legal proceedings, they are stored separately and, depending on such proceedings, are only deleted when they are no longer needed.

2.6. Possibility of objection and removal

The collection of data for the provision of the website and the storage of data in log files is mandatory for the operation of the web page. Your attention is drawn to your rights as a data subject and the possibility of appeal (see sections C and D).

3. Use of cookies

4. Web analysis by etracker Analytics

4.1. Scope of processing of personal data

Our website uses technologies by etracker GmbH (Erste Brunnenstrasse 1, 20459 Hamburg, Germany, www.etracker.com, hereinafter referred to as etracker) to process data for analysing the user behaviour regarding the website.

The following data are processed by etracker:

  • pseudonymous user identification: a randomly generated value (example: 108bf9a85547edb1108bf9a85547edb1) stored in a tracking cookie ID
  • pseudonymous digital fingerprints
  • pseudonymised mobile device identifiers
  • pseudonymous cross-device identifiers, if these are passed on for anonymous visitor merging across several devices

Data processing is carried out exclusively within the scope of the agreement concluded with etracker for order processing in accordance with Art. 28 GDPR. The data will not be merged with other data or passed on to third parties. There is also no data trading and no profile building.

You can object to the aforementioned data processing at any time. (Please note that in order to use the opt-out button, you must allow marketing cookies via the cookie request: Change your consent)

With regard to data protection-compliant tracking during web analysis, we refer to the etracker data protection signet:
etracker

4.2. Legal basis for the processing of personal data

The legal basis for the processing of of personal data of users is Article 6(1) lit. e GDPR in conjunction with § 3 BDSG.

4.3. Purpose of data processing

The Federal Fiscal Court regards this web analysis as part of its online presence. We would like to use it to further improve the website and adapt it even more to the needs of the users. By pseudonymising the data, we take into account the users' interest in protecting their personal data.

4.4. Duration of data storage, possibility of objection and removal

The etracker technologies (cookies) used on the user's computer are valid for up to two years (may be different in individual configurations).

They are stored on the user's computer and transmitted to our website by the user. Therefore, you as a user also have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your web browser. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may not be possible to use all functions of the website to their full extent.

Please note your right of correction, erasure and objection in accordance with Art. 16, 17 and 21 GDPR; for further details see C and D.

5. Contact and registration forms

5.1. Description and scope of data processing

On our website you will find two contact forms and a registration form which can be used for electronic contact. If you choose this option, the data entered in the input form will be transmitted to us and stored.

These data are:

  • subject,
  • your message,
  • title, first and last name,
  • e-mail address

as well as for the registration form for the visitor service:

  • your authority/organisation,
  • number of participants,
  • telephone number of the contact person,
  • desired date, desired oral hearing, attendance at an information meeting.

When the message is sent, the following data are also stored:

  • the anonymised IP address of the user,
  • date and time of registration.

Your consent will be obtained for the processing of the data during the sending process and you will be advised of this Privacy Policy.

5.2. Legal basis for data processing

The legal basis for the processing of data transmitted in the course of using the contact and registration forms is Art. 6(1) lit. and e GDPR.

5.3. Purpose of data processing

We process the personal data from the input mask solely so we can contact you. The other personal data processed during the sending process are used to prevent misuse of the contact and registration form and to ensure the security of our information technology systems.

5.4. Duration of data storage

The data are erased as soon as they are no longer required to achieve the purpose for which they were collected. The personal data from the input masks of the contact and registration forms are stored in the backup databases at the Federal Fiscal Court for two years and then deleted.
The duration of storage of the specified data in the records of the court administration is in accordance with the guidelines for the processing and administration of documents in federal ministries (see also under A. No. 3).

5.5. Possibility of objection and removal

Users are able to revoke their consent to the processing of personal data at any time. Your attention is drawn to your rights as a data subject and the possibility of appeal (see sections C and D).

6. Links to external websites of third parties

Our website contains links to external third party websites, the contents of which we have no influence over. We are unable to assume any guarantee for such external contents. The respective provider or operator of the website is always responsible for the contents of linked websites. The linked websites were scrutinised for possible statutory violations at the time of linking. Unlawful contents were not discernible at the time of linking. If we become aware of any infringements, we will immediately remove the corresponding link. We, the Federal Fiscal Court, hereby expressly distance ourselves from the linked pages.

7. Use of the social network Twitter

The Federal Fiscal Court is active in the social network Twitter. The Federal Fiscal Court does not process data on persons who interact with it in this context. For information on what data is processed by Twitter and for what purposes it is used, please refer to the Twitter privacy policy.

C. Rights of data subjects

The Federal Fiscal Court is responsible for the processing of personal data both in the context of fulfilling public tasks and as a contracting party under civil law.

Data subjects are afforded the following rights pursuant to the GDPR:

  • Information on processing (Art. 15 GDPR),
  • Correction of incorrect data (Art. 16 GDPR),
  • Erasure (Art. 17 GDPR),
  • Restriction of processing (Art. 18 GDPR),
  • Data portability (Art. 20 GDPR),
  • Objection to processing (Art. 21 GDPR).

D. Complaints

You can contact the Federal Fiscal Court at any time with your concerns regarding the personal data we process.

Furthermore, you are free to lodge a complaint with the competent supervisory authority in accordance with § 60(1) BDSG:

The Federal Commissioner for Data Protection and Freedom of Information
Husarenstrasse 30
53117 Bonn
poststelle[at]bfdi.bund.de

The Federal Commissioner also supervises the data protection compliance of the Federal Fiscal Court. Please note that the Federal Commissioner is not responsible for supervising the processing operations carried out by the federal courts in the course of their judicial activities (§ 9(2) BDSG).

E. Contact details of the Data Protection Officer of the Federal Fiscal Court

Data Protection Officer of the Federal Fiscal Court
Ismaninger Strasse 109
81675 München
datenschutzbeauftragter[at]bfh.bund.de


Last updated: 06/05/2021
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