Registration and data collection with regard to foreigners
Data protection does not only apply to domestic persons. Foreigners can also invoke the right to informational self-determination guaranteeing data protection, so that all legal provisions must be measured against this right.
A special registration of foreigners takes place at the foreigners authorities. These are usually the district administrative authorities or the administrations of independent towns; however, some federal states have central foreigners authorities. The foreigners authorities keep the files on the person and the “foreigners files A and B”.
The legal basis for keeping the files is the Residence Act and the Ordinance Governing Residence. In the foreigners file A are stored, among other things, data of those who have contacted the foreigners authority in matters concerning their residence (e.g.: Application for or extension of a residence permit, asylum application).
In case of death or when moving out of the postal code area of the foreigners authority, the data (in the case of deceased persons only the basic data) from the foreigners file A are transferred to the foreigners file B. In the event of a move, the foreigners file B also states to which other foreigners authority the foreigners file has been handed over.
In principle, the foreigners authority collects the necessary data from the data subject. Only exceptionally, data can be collected without the data subject’s co-operation from another agency. This is especially true if an official task can only be carried out in this way or if a disproportionate effort can be avoided. Even without a request from the foreigners authority, other public authorities must inform the foreigners authority, for example, of grounds for expulsion. In certain cases, the following authorities are obliged to transfer data to the foreigners authorities in order to enable them to perform their tasks:
- Registration authorities
- Nationality authorities
- Judicial authorities
- Federal Employment Agency
- Trade authorities
The legal basis for the performance of the tasks of the foreigners authorities is the Residence Act, but also for example EU regulations and the Asylum Act (AsylG).
Central Register of Foreigners
In addition to the files kept decentrally at the foreigners authorities, the Central Register of Foreigners (AZR) is kept centrally for foreigners by the Federal Office for Migration and Refugees.
The AZR consists of a general database and a separately kept visa file. The storage and transfer of the stored data supports the authorities entrusted with the implementation of regulations under the law on foreigners or asylum, and also other public bodies.
In the general database, data of foreigners who are not only temporarily resident in the Federal Republic of Germany are stored. In certain cases, however, such data are also stored without this requirement, for example when an asylum application is lodged, in the event of expulsion or deportation, in case of immigration concerns, in case of an alert for arrest or for the determination of residence. The AZRG Implementing Regulation contains an overview of data stored in the register, transferring units and the transmission/forwarding recipients.
The legal basis for managing the AZR is the German Act on the Central Register of Foreigners (AZRG). In addition to regulations on the stored data and the entities authorised to access, this Act also contains special data protection regulations. In particular, Section 34 of the AZRG contains a regulation on the request for information about the data stored in the AZR. This request can be submitted to the Federal Administrative Office. If the provision of information is refused, the data subject may contact the Federal Commissioner for Data Protection and Freedom of Information with a request to review the refusal.