Law on the establishment of a visa alert file (Visa Warning File Act-VWDG)

Unofficial table of contents

VWDG

Date of completion: 22.12.2011

Full quote:

" Visa warning file law of 22 December 2011 (BGBl. I p. 3037) "

Footnote

(+ + + Text evidence from: 1.6.2013 + + +) 

  

The G was decided by the Bundestag as Article 1 of the G v. 22.12.2011 I 3037 with the consent of the Bundesrat. It occurs gem. Art. 4 of this G in force on 1.6.2013. Unofficial table of contents

Content Summary

§ 1	Guide and purpose of the file
§ 2	Reason for the storage
§ 3	Contents of the file
§ 4	Posts to be notified
§ 5	Responsibility for transmission and data richness
§ 6	Data transfer to the Federal Foreign Office and the German Missions abroad
§ 7	Other authorities to which warning data will be transmitted
§ 8	Requirements for data transmission
§ 9	Transmission and modification of data by direct input; data retrieval in automated procedures
§ 10	Purpose and further use of the data
§ 11	Obligation to log in the case of data transmission
§ 12	Information to the person concerned
§ 13	Rectification and erasure
§ 14	Lockout
§ 15	Authorisation
§ 16	Provisions on administrative procedures
§ 17	Evaluation

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§ 1 Guided tour and purpose of the file

(1) The Federal Administrative Office shall carry out a visa alert file to prevent the misuse of visas. It serves as a support

1.

the public authorities responsible for issuing visas when taking decisions in the visa procedure, in order to avoid misdecisions in connection with deception or attempted deception,

2.

the foreign authorities in the examination of commitments or in the decision to extend a visa,

3.

the authorities responsible for controlling cross-border traffic in the case of decisions on the rejection or repatriation of a visa holder.

(2) The Federal Administrative Office may use the personal data transmitted to it under this Act only in accordance with the provisions of this Act for the purposes set out in paragraph 1. Unofficial table of contents

§ 2 Occasion of the storage

(1) The storage of the warning data is carried out in the case of persons,

1.

who have been committed to

a)

Section 95 (1) (2) or (3), (1a), (96) or (97) of the Residence Act,

b)

§ 10 or § 11 of the Schwarzarbeitskampfungsgesetz,

c)

§ 232, 233, 233a or § 236 (2) sentence 3 of the Criminal Code, or

d)

§ 30a (1) or (2) of the Narcotics Act concerning the import or export of narcotic drugs

have been convicted in a final sentence of imprisonment or imprisonment,

2.

submitted, procured or produced documents, obtained or obtained as a visa applicant in the form of a visa or falsified documents, or made false statements, or made false statements, or, by means of a significant increase in the number of documents, the facts to which they were obliged to obtain a visa,

3.

that are in their own name or for an organization

a)

have issued an invitation from the applicant to the Federal Republic for use in the visa procedure (invitation),

b)

have, in accordance with Section 68 (1) of the Residence Act or by issuing a declaration of use in the visa procedure, otherwise required to bear the costs of the applicant's livelihood during the stay in the Federal Republic of Germany or in accordance with Article 66 (2) of the Residence Act for the exit costs of the exportor (commitment),

c)

have confirmed the purpose of the residence in the Federal territory for use in the visa procedure as indicated by the applicant (other reference person)

and in doing so have given false information or have not fulfilled the obligation to pay for the costs of the livelihood of a foreign country or for the costs of the deportation.

If the incorrect information has been made as part of a statement issued for an organisation in accordance with the first sentence of 1 (3), the registration of warning data shall also be made for the organisation. (2) The storage of warning data of a person shall also be carried out with the consent if, under its name, unauthorised declarations have been made pursuant to paragraph 1, first sentence, point 3, or are concerned, or have withdrawn a declaration made in the visa procedure referred to in the first sentence of paragraph 1, point 3. The data shall be deleted immediately if the person withers the consent. The records 1 and 2 shall apply mutas to the storage and deletion of warning data of an organization. Unofficial table of contents

§ 3 Content of the file

(1) The following warning data shall be stored for persons or organisations according to § 2:

1.

as basic human resources to persons:

a)

First names,

b)

Family name,

c)

different name spellings,

d)

other names and previous names,

e)

Gender,

f)

date of birth,

g)

Birthplace,

h)

Nationality;

2.

provided that the registration of warning data for an organisation is carried out:

a)

the name of the organisation,

b)

Address of the Organization,

c)

the seat of the organisation,

d)

the role or scope of action of the organisation,

e)

the name and place of the register into which the organisation is registered and the register number of the organisation;

3.

the visa alert file number of the Federal Administrative Office; and

4.

the events in accordance with § 2.

The data referred to in the first sentence of 1 (1) (a), (b), (e), (f), (g) and (h) and (2) (a) and (b) and (3) and (4) shall in any case be stored as far as possible. (2) In the case referred to in Article 2 (2), additional information shall be provided on the Consent of the person or organization for the storage of the warning data and information for revocation of an invitation, declaration of commitment or confirmation. (3) For the data stored in accordance with paragraphs 1 and 2, the name of the Entity which has transmitted the data, its business signs and the date of data transmission (4) In the cases referred to in Article 2 (1), first sentence, point 1, the following data shall be stored in addition to the data stored in accordance with paragraphs 1 and 3:

1.

the date of the first judgment,

2.

an indication of whether up to three months 'imprisonment or a fine of up to 90 days' sentences or juvenile punishment was recognized.

The transmission of this data is only allowed to the place which transmitted the data. Unofficial table of contents

§ 4 persuasive posts

The following points are required for the transmission of the data referred to in § 3 to the Federal Administrative Office:

1.

the diplomatic missions abroad, the foreign authorities and the authorities responsible for police control of cross-border traffic, insofar as they are acting as visa authorities, in the cases of § 2 (1) sentence 1 (2) and (3) (a) and c,

2.

the foreign authorities in the cases referred to in Article 2 (1) (1) (3) (b),

3.

the bodies responsible for police control of international traffic in the cases referred to in Article 2 (1), first sentence, point 2,

4.

the public prosecutors in the cases referred to in Article 2 (1), first sentence, point 1.

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§ 5 Responsibility for transmission and data accuracy

(1) The bodies referred to in § 4 shall be responsible to the Federal Administrative Office for the admissibility of the transmission as well as for the correctness and up-to-dateness of the data transmitted by them. They shall take appropriate measures to ensure data protection and data security, in particular the confidentiality and integrity of the data transmitted by them. They shall inform the Federal Administrative Office without delay if the data transmitted by them become incorrect or if their incorrectness is subsequently issued and a correction or updating does not take place by means of direct entry to the Federal Office for the Protection of the Environment. § 9. (2) The entities referred to in § 4 are entitled and obliged to check the data transmitted by them for correctness and up-to-dateness, insofar as there is reason to do so. To this end, the Federal Administrative Office shall transmit the data to be checked to the authorized or obligated body. (3) The authorities referred to in § 6 (1) and § 7 sentence 1 shall inform the Federal Administrative Office without delay, if they have concrete indications that the data transmitted to them are incorrect or incomplete. (4) In the cases of § 2 (1) sentence 1, point 1, the Federal Office of Justice shall inform the Federal Administrative Office that the non-inclusion According to § 39 of the Federal Central Register Act or the redemption in special cases according to § 49 of the Federal Central Register Act. Paragraphs 1 and 2 shall apply accordingly. Unofficial table of contents

§ 6 Data transfer to the Federal Foreign Office and the German Missions abroad

(1) In the context of the visa procedure, at the request of the Federal Foreign Office or of the German missions abroad, the data referred to in § 3 (1) to (3) shall be transferred to the requesting body via the post referred to in § 21 of the Foreigners Registration Office (Ausländerzentralregistergesetz) (2) The transmission of data stored in accordance with section 2 (1), first sentence, point 1 shall only take place insofar as they are likely to be transmitted to the requesting body for the performance of their respective tasks from the Federal Central Register. Notwithstanding deviating regulations, data on convictions with a penalty of up to three months 'imprisonment or a fine of up to 90 days' sentences or juvenile punishment shall be transmitted only to the requesting bodies referred to in paragraph 1, provided that such data is a right possess unrestricted information within the meaning of Section 41 of the Federal Central Register Act. Unofficial table of contents

§ 7 Other authorities to which warning data shall be transmitted

The Federal Administrative Office shall transmit the data referred to in § 3 (1) to (3) upon request

1.

the authorities responsible for the police control of cross-border traffic, if the data are required for examination

a)

an application to grant a visa pursuant to Section 14 (2) of the Residence Act,

b)

the rejection or repatriation of a visa holder,

2.

the foreign authorities, if the data are required

a)

for the examination of a declaration of commitment pursuant to Section 66 (2) of the Residence Act or pursuant to Section 68 (1) of the Residence Act, to the extent that the data were stored on the basis of the first sentence of Article 2 (1), first sentence, point 3,

b)

on the decision to extend a visa pursuant to Section 6 (3) of the Residence Act.

In the case of the transmission of data stored in accordance with section 2 (1), first sentence, point 1, § 6 (2) shall apply accordingly. Unofficial table of contents

§ 8 Conditions for the transfer of data

(1) The transmission of data to one of the entities referred to in § 6 (1) and (7) sentence 1 shall require a request stating the purpose and shall be admissible only if the knowledge of the data for the performance of its data in accordance with § 6 (1) and § 7 sentence 1 shall be required. The applicant shall bear the responsibility for this. The Federal Administrative Office has to refuse the transmission if there are indications that the conditions set out in sentence 1 are not available. (2) The transmission request and the data transfer shall always be made in writing or by way of (3) The transmission request must, if available, include the visa alert file number, otherwise all available basic personal data of the data subject, or all available information on the organisation concerned. If the data contained in the request do not match the data stored on the data subject or the organization concerned, the data transfer is inadmissible, unless there is no doubt about the identity. (4) The Federal Administration Office does not clearly establish the identity, it transmits the basic personal data and the associated visa-warning file numbers of similar persons to the job-seekers for identity verification and determination. For the information on the organization concerned, this data is according to § 3 paragraph 1 sentence 1 number 2 as well as the associated visa alert file number. The requesting body must immediately delete all data which does not belong to the person concerned or to the affected organization and to destroy the relevant documents. (5) The visa alert file number may only be used in the traffic with the visa warning file (6) The Federal Office of Administration shall take appropriate technical and organisational measures for the protection of data protection and data security in accordance with the respective state of the art, which in particular shall ensure the confidentiality and integrity of the data protection and data security of the data protection and security of the data. of the visa alert file and transmitted to the requesting body Ensure data. Unofficial table of contents

§ 9 Transmission and modification of data by direct input; data retrieval in automated procedures

(1) The bodies referred to in § 6 (1) and § 7 sentence 1 may, upon request for the transmission of data by input with direct effect for the data set (direct input) and for data retrieval according to these provisions in the automated procedure. be approved. The Federal Administrative Office shall grant the authorisation if the requesting body informs that it has taken the necessary technical and organisational measures to ensure data protection in accordance with Section 9 of the Federal Data Protection Act. (2) The automated Retrieval procedures may only be established if it is appropriate for the multitude of requests for transmission or the special need for urgent action, taking into account the legitimate interests of the persons concerned. (3) The Federal Administrative Office teaches the Federal Commissioner for Data Protection and the Freedom of information from the authorisation, indicating the technical and organisational measures taken after notification of the authorised body. (4) The bodies which may enter data directly shall have previously been obtained by means of a call for information. automated procedures to determine whether a data set already exists for the person concerned or the organisation concerned. The data to be transmitted must be assigned to an already existing data set. Previously, doubts about the identity of the person or organization whose data is stored in the file are to be addressed with the person or organization whose data is to be associated. For this purpose, data of similar persons for identity verification and identification of identity are to be transmitted from the Federal Administrative Office to the data-in-office location. Any transmitted data which has become incorrect or whose incorrectness has subsequently turned out shall be corrected or deleted immediately by direct entry. Section 8 (4) sentence 3 shall apply accordingly. (5) The Federal Administrative Office shall ensure that only the input of the data allowed for transmission is technically possible, the data to be stored has been checked beforehand for its conclusions and (6) The responsibility for the admissibility of the direct entry shall be borne by the entering office. The responsibility for the admissibility of the individual retrieval shall be borne by the callers. The Federal Administrative Office shall verify the admissibility of the calls only if there is a reason to do so. Access to data from the file in the automated procedure may only be made by staff who are particularly empowered by the head of their authority. Unofficial table of contents

§ 10 Purpose and further use of the data

The requesting authority may use the data transmitted only for the purpose for which it has been transmitted to it. A further transfer is not permitted. Unofficial table of contents

§ 11 Data transmission logging obligation

(1) The Federal Administrative Office shall record for the purposes of data protection control every time the file is accessed

1.

the date of access,

2.

the information which makes it possible to identify the data sets that have been called,

3.

the data change,

4.

the office responsible for access,

5.

the person responsible for the access, and

6.

the purpose of access.

(2) In the case of the transmission according to § 4 or § § 6 to 9, the logging also includes

1.

the data transmitted;

2.

the purpose of the transmission,

3.

the issuing body and

4.

the position to which it is transmitted.

(3) The evaluation of the data is to be guaranteed according to the state of the art. The logged data can only be used

1.

for the purposes of data protection control and data protection,

2.

in order to ensure proper operation of the data processing system, or

3.

for the fulfilment of the right to information in accordance with § 12.

They must be secured against unauthorized access by means of appropriate measures. (4) The protocol data shall be deleted after twelve months, provided that it is not required for a control procedure already initiated. Unofficial table of contents

§ 12 Information to the person concerned

(1) The Federal Administrative Office shall, upon request, provide the data subject with information free of charge concerning the data stored on his/her person, including insofar as they relate to the origin of such data, the purpose of the storage and the recipients or the Categories of recipients to which data will be transmitted and on the functioning and structure of automated data processing. The application must contain the basic personal data. (2) The information provided is not available to the extent that:

1.

the information would endanger the proper performance of the tasks of the body, which transmitted the relevant data in accordance with § 4,

2.

the information would endanger public safety or would otherwise harm the good of the federal or a country, or

3.

the data or the fact of their storage must be kept secret, in accordance with a law or by their nature, in particular on account of the overriding legitimate interests of a third party;

and it is therefore necessary to withdraw the interest of the person concerned in the exchange of information. The decision shall be taken by the Federal Administrative Office in agreement with the body which has transmitted the data in accordance with § 4. (3) The refusal of the exchange of information shall not require any justification to the person concerned if the reasons for the decision by the person concerned have been justified by the The rejection of the proposal would be jeopardised. In this case, the justification shall be laid down in writing for a data protection legal check and shall be kept for a period of five years. It shall be secured by appropriate measures against unauthorised access. The person concerned must be informed that he or she can contact the Federal Commissioner for Data Protection and Freedom of Information. (4) If no information is provided to the person concerned, it shall be at his request to the Federal Commissioner for the To give data protection and freedom of information. The Federal Commissioner's notice to the person concerned must not allow any conclusions to be drawn as to the state of knowledge of the body which stores the data, unless it agrees to further information. (5) Paragraphs 1 to 4 shall apply to affected persons. Organizations accordingly. Unofficial table of contents

§ 13 Correction and deletion

(1) The Federal Administrative Office shall immediately correct or delete data which has become incorrect or inaccurate. (2) Data shall be deleted immediately if the storage is inadmissible, the storage property according to § 2 no longer exists or it shall be deleted. are no longer required for the performance of the tasks of the bodies referred to in § 6 (1) and § 7 sentence 1. (3) Warning data which has been stored on the occasion of a final conviction in accordance with Section 2 (1) sentence 1, point 1, and the Data stored in accordance with § 3 (3) and (4) shall be deleted after the following periods:

1.

in the case of a penalty of up to three months ' imprisonment or a fine of up to 90 days or a juvenile penalty no later than five years after the date of the first judgment,

2.

in the other cases no later than ten years after the date of the first judgment.

Without regard to the course of the period referred to in the first sentence, these data shall be deleted if an earlier repayment is arranged in the Federal Central Register according to § 49 of the Federal Central Register Act. § 36 of the Federal Central Register Act applies accordingly. (4) Warning data pursuant to § 3 (1) and the data stored in accordance with § 3 (2), (3) and (4) shall also be deleted no later than five years after they have been stored. Unofficial table of contents

§ 14 blocking

(1) The erasure shall not be deleted if there is reason to believe that the erasure of legitimate interests of a person concerned or of an organization concerned is affected. In such cases, the Federal Office of Administration has to block the data and the data may only be transmitted and used for the purpose for which the deletion is not possible. (2) The Federal Administrative Office shall block the data subject's data record, as far as the accuracy is disputed by the person concerned, and neither the accuracy nor the incorrectness can be determined by the body which transmitted the data or can be determined by the Federal Administrative Office. Locked data shall be marked with a blocking note. They may not be processed or used except for the verification of accuracy without the consent of the person concerned. Unofficial table of contents

Section 15 Regulation empowerment

The Federal Ministry of the Interior is authorized, with the consent of the Federal Council, to determine more precisely by means of a legal regulation

1.

to the data stored in accordance with § 3, and to the data transmitted in accordance with § § 6 and 7,

2.

the conditions and the procedure for the transmission of data to the Federal Administrative Office by the public authorities referred to in Articles 4 and 5 (4),

3.

on the conditions and on the procedure for the transmission of data by the Federal Administrative Office in accordance with § § 6 and 7,

4.

on the procedure referred to in Article 6 (2),

5.

on the conditions and on the procedure for data transmission in accordance with § § 8 and 9,

6.

the conditions and the procedure of the information provided for in § 12 and the deletion according to § 13,

7.

on the procedure for blocking according to § 14.

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Section 16 Provisions on administrative procedures

It is not possible to deviate from the rules of the administrative procedure of the Länder in this Act or under this Act by national law. Unofficial table of contents

§ 17 Evaluation

The Federal Government will evaluate the application of this law three years after its entry into force.