1. Introduction

In the following, we inform you about the processing of personal data by DESY within the framework of the FMS forms management system and about the associated data protection regulations, claims and rights.

 

2. Responsible body in accordance with data protecion regulations

The responsible body in accordance with the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is:

Deutsches Elektronen-Synchrotron DESY
Notkestraße 85
22607 Hamburg
Tel.: +49 (0)40 8998 – 0

E-Mail: desypr@desy.de
Website: www.desy.de

The data protection officer of the responsible body is:

Anna-Christina Jauch
Notkestrasse 85
22607 Hamburg

Tel.: +49 (0)40 8998 4044
E-Mail: datenschutz@desy.de

 

3. Purpose of data processing

To meet the general need for the provision and processing of forms for internal processes, the IT group provides the forms management system FMS on the intranet for persons with a DESY computer account.

For questions regarding the content of forms.desy.de, please contact: forms@desy.de.

 

4. Categories of processed data

The following personal data concerning you may be processed when you use forms via the FMS:

• First and last name
• Function/title
• Contact data
• Personal number
• Pay groups
• Employment periods (and volume)
• Absences
• Appliance data
• Licenses
• Other/additional personal data, if applicable.

 

The personal data is stored in the FMS in encrypted form and is therefore not accessible to third parties. The content and data recorded are form-specific and lie in the responsibility of the respective group responsible for the form; this is indicated as such in the respective form. Not all data mentioned above are requested with every form. Only the personal data required for the relevant procedure is requested and processed.

 

5. Legal basis for data processing

Depending on the form, personal data is processed to fulfil a contract, Art. 6 para. 1 lit. b) GDPR, to fulfil a legal obligation, Art. 6 para. 1 lit. c) GDPR or based on legitimate interest, Art. 6 para. 1 lit. f) GDPR.

 

6. Recipients of the data and data transfer

The personal data collected using the form is stored in the DESY Oracle database. Data will not be passed on. There may be interfaces to the DESY document management system DMS or other systems operated by DESY.

The personal data collected is made available to the groups or individuals involved in the workflow for processing the content of the respective form via the FMS.

The further processing of personal data is the responsibility of the group responsible for the process (e.g.: travel request - V2).

 

7. Duration of processing, deletion of data

Any form data stored in the database is deleted in standardised form after 3 years at the latest. Forms that may not be deleted after 3 years for legal reasons are transferred to the DMS document management system.

 

8. Rights of the data subject

If your personal data is processed, you are a data subject in terms of the GDPR and you have the following rights vis-à-vis the controller:

 

Right to information

You can request confirmation from the controller as to whether personal data concerning you is being processed by us. If such processing is taking place, you can request the following information from the controller:

(1) the purposes for which the personal data are processed,

(2) the categories of personal data that are processed,

(3) the recipients or categories of recipients, to whom the personal data concerning you have been or will be disclosed,

(4) the planned duration of the storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage period,

(5) the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing,

(6) the existence of the right to lodge a complaint with a supervisory authority,

(7) all available information about the origin of the data if the personal data is not collected from the data subject,

(8) the existence of automated decision-making, including profiling, pursuant to Art. 22 (1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

You have the right to request information as to whether the personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.

This right of access may be restricted to the extent that it is likely to render impossible or seriously impair the realisation of research or statistical purposes and the restriction is necessary for the fulfilment of research or statistical purposes.

 

Right to rectification

You have a right to rectification and/or completion vis-à-vis the controller if the processed personal data concerning you is incorrect or incomplete. The controller must make the rectification without undue delay.

Your right to rectification may be restricted to the extent that it is likely to render impossible or seriously impair the realisation of research or statistical purposes and the restriction is necessary for the fulfilment of the research or statistical purposes.

 

Right to restriction of processing

You may request the restriction of the processing of your personal data under the following conditions:

(1) if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data,

(2) the processing is unlawful, and you oppose the erasure of the personal data and request the restriction of their use instead,

(3) the controller no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims, or

(4) if you have objected to the processing pursuant to Art. 21 (1) GDPR and it is not yet certain whether the legitimate reasons of the controller override your reasons.

Where the processing of personal data concerning you has been restricted, such data shall, except for storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

Your right to restriction of processing may be limited to the extent that it is likely to render impossible or seriously impair the realisation of research or statistical purposes and the restriction is necessary for the fulfilment of the research or statistical purposes.

 

Right to erasure

Obligation to erase

You have the right to obtain from the controller the erasure of personal data concerning you without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:

(1) The personal data concerning you are no longer necessary in relation to the purposes for which they were collected or otherwise processed.

(2) You withdraw your consent on which the processing was based pursuant to Art. 6 para. 1 lit. a) or Art. 9 para. 2 lit. a) GDPR and there is no other legal basis for the processing.

(3) You object to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) GDPR.

(4) The personal data concerning you has been processed unlawfully.

(5) The erasure of personal data concerning you is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the controller is subject.

(6) The personal data concerning you have been collected in relation to the offer of information society services referred to in Art. 8 (1) GDPR.

Information to third parties

Where the controller has made the personal data concerning you public and is obliged pursuant to Art. 17 (1) GDPR to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you as the data subject have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

Exceptions

The right to erasure does not apply if the processing is necessary

(1) for exercising the right of freedom of expression and information,

(2) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller,

(3) for reasons of public interest within the scope of public health pursuant Art. 9 para. 2 lit. h) and i) and Art. 9 para. 3 GDPR,

(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant Art. 89 para. 1 GDPR, insofar as the right referred to in section a) is likely to render impossible or seriously impair the achievement of the objectives of that processing, or

(5) for the assertion, exercise or defence of legal claims.

 

Right to information

If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort. 

You have the right vis-à-vis the controller to be informed about these recipients.

 

Right to object

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on Article 6 para 1 lit. e) or f) GDPR.

The controller will no longer process the personal data concerning you unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

You also have the right to object, on grounds relating to your particular situation, to processing of personal data concerning you which is carried out for scientific or historical research purposes or statistical purposes pursuant to Art. 89 (1) GDPR.

Your right to object may be restricted to the extent that it is likely to render impossible or seriously impair the realisation of research or statistical purposes and the restriction is necessary for the fulfilment of the research or statistical purposes.

 

Right to lodge a complaint with a supervisory authority

Irrespective of any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, particularly in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.

The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Art. 78 GDPR.

In accordance with Art. 77 GDPR in conjunction with § 17 German Federal Data Protection Act (BDSG), you have the right to lodge a complaint against DESY with the competent supervisory authority. In this case, please contact the Hamburg Commissioner for Data Protection and Freedom of Information:

Der Hamburgische Beauftragte für Datenschutz und Informationsfreiheit

Ludwig-Erhard-Str. 22

20459 Hamburg

(040) 428 54 - 4040

mailbox@datenschutz.hamburg.de