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Erscheinung:19.02.2019, Stand:updated on 21.01.2021 | Topic Compliance Information on data processing regarding job application and selection procedures

The Federal Financial Supervisory Authority (Bundesanstalt für FinanzdienstleistungsaufsichtBaFin) uses personal data to meet its legal and (pre-)contractual obligations. This also includes data which you have provided to us or which BaFin collected from third parties on you. To promote awareness regarding data processing and your rights and to comply with our duty to provide information in accordance with Article 13 and Article 14 of the EU General Data Protection Regulation (GDPR), BaFin informs you as follows:

1. Contact details for BaFin and BaFin’s Data Protection Officer

Bundesanstalt für Finanzdienstleistungsaufsicht
Graurheindorfer Str. 108
53117 Bonn
Postfach 1253
53002 Bonn
Phone: +49 (0) 228-4108–0
Fax: +49 (0) 228-4108–1550
E-mail: poststelle@bafin.de or De-mail: poststelle@bafin.de-mail.de

BaFin’s Data Protection Officer can be reached at: Datenschutz@bafin.de

2. Purpose of processing

The personal data collected in the context of an application procedure, including interview and assessment centre, are processed with the aim of conducting a selection procedure to fill a specific position at BaFin. In this regard, BaFin assesses whether an applicant’s personal data fit the required profile.

3. Legal basis for the collection of data

Personal data are collected as part of the procedure for selecting candidates: with regard to employees and trainees, this data is collected on the basis of section 26 (1), (8) sentence 2 of the German Federal Data Protection Act (BundesdatenschutzgesetzBDSG) in the version of 25 May 2018; with regard to civil servants, this data is collected on the basis of section 106 (4) of the German Civil Service Act (BundesbeamtengesetzBBG).

4. Categories of processed personal data (only if data is not obtained from the data subject itself, Article 14 of the GDPR)

The personal data that are not obtained directly from the applicants themselves include the results of examinations (by a medical officer or company physician) regarding the applicants’ suitability, in terms of physical fitness, to take up employment in the public sector (where required) in addition to details of any previous convictions that must be registered in accordance with section 32 of the German Federal Central Criminal Register Act (Bundeszentralregistergesetz – BZRG) (certificate of good conduct). In addition, data obtained from third parties may also include personnel files requested from previous public sector employers. During the selection procedure, the candidates’ knowledge of the English language may be assessed in a test conducted by an external service provider.

Information transmitted by these bodies are not publicly accessible or available.

5. Recipient of data

Recipients of the data are BaFin’s organisational units that are responsible for handling the application procedure, in particular the human resources division, the Gender Equality Officer (if required), the Spokesperson for Severely Disabled Persons, the Staff Council and representatives participating in the application procedure from the respective divisions in which the applicant may be deployed. In the case of applications for travel allowances, the data contained in your application are transmitted to the Federal Office of Administration (Bundesverwaltungsamt) for processing. The external service provider tasked with conducting the English tests (currently Kern AG) receives the applicants’ contact data and information on their gender.

6. Time period for storing your data

Personal data collected in the context of an application procedure are stored for no more than six months if the application is rejected.

Personal data from applicants (name, date of birth, address, date of participation in the application procedure and results) are stored for one year; if an applicant is successful, the data are stored for ten years in the context of the administrative process. If an applicant is employed by BaFin, the personal data are transferred to their personnel file.

If an applicant has successfully completed the application procedure but could not be employed directly due to the limited number of open positions and the results of their application procedure, the applicant’s personal data are only stored to be used for a later job offer if they agree to this in writing. Applicants can withdraw their consent to the future processing of their personal data at any time.

7. Your rights as a data subject

In principle, as a data subject, you have the right of access to personal data (Article 15 of the GDPR), the right to rectification (Article 16 of the GDPR), the right to erasure (Article 17 of the GDPR) and the right to restriction of processing (Article 18 of the GDPR), the right to data portability (Article 20 of the GDPR) and the right to object to the processing (Article 21 of the GDPR). Moreover, you have a right to lodge a complaint with the competent data protection authority (Article 77 of the GDPR in conjunction with section 19 of the BDSG). This is the Federal Commissioner for Data Protection and Freedom of Information (Die Bundesbeauftragte / der Bundesbeauftragte für den Datenschutz und die InformationsfreiheitBfDI). You can reach the BfDI as follows:

Die Bundesbeauftragte / der Bundesbeauftragte für den Datenschutz und die Informationsfreiheit
Graurheindorfer Str. 153
53117 Bonn
Phone: +49 (0)228-997799-0
E-mail: poststelle@bfdi.bund.de

8. Basis for the provision of your data and consequences in the event of failure to provide your personal data

Your personal data are provided as part of an application process to conclude an employment contract with BaFin. You are not obliged to provide your personal data. If you do not provide your data, your application cannot be considered.

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