Regulation on the management of personnel records by the Federal Office of Civil Service (Civil Service Personnel Act-ZDPersAV)

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ZDPersAV

Date of completion: 10.10.2002

Full quote:

" Civil Service Personnel Act of 10. October 2002 (BGBl. 4025), as defined by Article 1 of the Regulation of 7 November 2003 (BGBl). 2261).

Status:

Amended by Art. 1 V v. 7.11.2003 I 2261

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 17.10.2002 + + +) 

  

Heading: IdF d. Art. 1 No. 1 V v. 7.11.2003 I 2261 mWv 20.11.2003 Unofficial table of contents

Input formula

Pursuant to Section 36 (8) of the Civil Service Act, as amended by the Notice of 28 September 1994 (BGBl. 2811), which is provided for by Article 29 of the Regulation of 21 September 1997 (BGBl. I p. 2390), the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth is responsible for: Unofficial table of contents

§ 1 Scope

This Regulation shall apply to personnel files

1.

of the civil servants and

2.

the conscripts, the professional soldiers, the soldiers of the time, the soldiers and the reservists who submitted an application in accordance with § 2 of the Act of Conscientious objectification, as soon as this request is submitted to the Federal Office for the Civil Service (Bundesamt) has been received.

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§ 2 Grundakte, Teilakten, minor files

(1) The personnel file is structured according to factual and organisational aspects in primary markets, sub-markets and secondary files. (2) The basic documents contain the application for recognition as a conscientious objector or conscientious objector with the Personnel file pursuant to § 2 (6) of the Act of Conscientification of War, which the District Court has sent to the Federal Office pursuant to this provision. The Grundakte is led by the unit of work of the Federal Office responsible for the recognition as a conscientious objector or conscientious objector and during the period of the recognition procedure is only the one for the processing of the application competent staff. If the recognition is indisputable, the letter of recognition shall be taken to the basic roof and sent to the unit of work of the Federal Office responsible for carrying out the civil service. (3) A list of the sub-markets shall be placed in the basic markets, and (4) Documents which have arisen in connection with disciplinary and fine-fine procedures at the Federal Office or the Bundeswehr are conducted as partial markets by the respective relevant unit of work of the Federal Office and may only be used for shall be considered by the staff responsible there. (5) administrative offices of the associations of free welfare, the civil service groups of the Federal Office and the employment agencies responsible for the implementation of the civil service. In addition, documents relating to the implementation of the civil service (personnel planning, management and processing) shall contain documents necessary for the performance of the administrative body, the civil service group or the employment agency, and whose original or doubles are located in the basic or in a partial lagging. Unofficial table of contents

§ 3 Act of the Taurility

(1) The act of exchange shall be used for the personal documentation of medical documents relating to the suitability of the civil service person. (2) The act of exchange shall be kept separate from the rest of the personnel records as a part of a part-load. During the service of the civil service, the act of exchange is carried out by the Medical Service of the Federal Office. (3) Only the physicians and doctors, as well as the other staff of the Medical Service and the Medical Service, are allowed to inspect the medical service. In addition to the specialist department responsible, the responsible physician or the specialist in charge of the medical department. If the act of law is drawn aside in a legal dispute, the staff responsible for carrying out the dispute shall also be allowed to inspect the case. Unofficial table of contents

§ 4 Sachacts

(1) As material files do not belong to the personnel file

1.

the file arising in connection with the granting of medical care, including documents obtained in the event of civil service damage or accident (Section 35 of the Civil Service Act),

2.

Process files on the basis of legal proceedings, in so far as these are not legal proceedings for recognition as conscientiously objectors,

3.

Documents arising in the proceedings concerning the indigestive position (Section 16 of the Civil Service Act) in the Committee for Undigestive Position.

(2) The competent organisational unit of the Federal Office shall be responsible for carrying out acts in accordance with paragraph 1 (1) and (2). Unofficial table of contents

§ 5 Transfer of the Staff Act

(1) For the return of the personnel file, § 12 para. 2 to 4 of the War Service Denial Act applies. (2) For purposes of cost-fixing in an administrative court procedure involving a Wehrersatzbehörde (Wehrersatzbehörde), the personnel file is short-term to the conscription authority, provided that information is not sufficient. The personnel file must be returned to the Wehrersatzbehörde (Wehrersatzbehörde) if it is determined that the model notification is not yet unquestionable. (3) If a request for care pursuant to § § 47 to 48 of the Civil Service Act (Civil Service Act) is present, the Federal Office shall send the file if the applicant consents, to the competent supply office, a clearing of the activity and the parts of the health care file necessary for the procedure. Unofficial table of contents

§ 6 Retenation of the Staff Act

(1) During the processing, the personnel file shall be kept by the responsible staff and, incidentally, in a registry and shall be protected from unauthorised access. Before and after the service of the civil service, the personnel file is kept in the central registry of the Federal Office. (2) During the performance of the civil service, the act of exchange is exclusively in the registrar of the medical service, otherwise closed in the central registry office of the Federal Office. It may only be issued to persons referred to in section 3 (3). The physicians of the Federal Office of the Federal Office of the Federal Office of the Federal Office of the Federal Office shall issue the results of examinations, hiring, serviceability or dismissal examinations, including the specialist medical examinations carried out on the occasion of this event. Implementation of the Civil Service Organizational Units to the extent necessary for the decisions to be taken by those bodies. The Central Registry may only direct the Act to the Medical Service and the Unit responsible for the Health Care. In the cases of Section 12 (3) of the Act of Conscientious objection and § 5 (3) of this Regulation, the Medical Service or the unit responsible for the medical care unit has the decision to forward the matter to the lead unit responsible for forwarding the will be sent. The act of merit shall be closed before any transfer, unless it is handed down by hand at hand. (3) The minor acts carried out in the employment offices shall be kept in such a way as to ensure that only in the case of civil service provision, the persons responsible for carrying out the civil service may be able to access it. In accordance with the duties of the civil service, the minor acts shall be forwarded to the relevant administrative or civil service group within six weeks. (4) The minor acts carried out in the administrative offices of the associations or the civil service groups shall be included in the To keep registries accessible only to the staff of these bodies. Unofficial table of contents

§ 7 Retention periods; Destruction of the personnel file

(1) The basic principles and the act of merit shall be until the end of the year in which the conscientious objector or the conscientious objector of the conscientious objection shall be 45. Life year has been completed. After that, they are to be offered to the Federal Archives for adoption. The Federal Archives do not accept the basic principles and suitability files which are not taken over by the Federal Archives. In addition, § 12 (2) and (4) of the Act of Conscientic objectors is applicable. (2) The minor acts carried out at the administrative offices of the charitable associations or the civil service groups are together with the minor acts sent by the employment authorities. at the latest six months after the end of the civil service of the civil service by the administrative body or the civil service group under its own responsibility. (3) For the duration of the storage of disciplinary proceedings, § 69a of the Civil service law. The period shall also apply to the disciplinary proceedings that have arisen in the Bundeswehr. (4) Documents which arise in connection with a fine-fine procedure under the Civil Service Act and are conducted at the Federal Office are five years after the conclusion of the To destroy the fine. The period shall also apply to the fines incurred by the Bundeswehr. (5) In the case of the dismissal of a civil service subject from German nationality, the personnel file shall be deemed to be indisputable to the decision of the German Federal Government. To destroy the Citizenship Authority. Where service periods relevant to pension insurance have been completed, all documents relating to the period of service and the service must be taken out before the file is destroyed and shall be forwarded to the person who is subject to the obligation of civil service. In this connection, he must be informed of his sole obligation to provide proof to the competent institution of the pension insurance. (6) If a court has found in accordance with § 8 of the Transsexuellengesetz (Transsexuellenic Act) to be indisputable that the subject of the civil service is considered to be the female (7) The Federal Office is aware that a civil service provider has passed away without leaving surviving dependants, the personnel file is five years old. After the end of the year of death. Unofficial table of contents

Section 8 Replacement of the original

(1) The basic principles and the activity of the exchange may be completed after the completion of the 32. The life year of the civil service liable for the replacement of the original copy, microfilmed or otherwise transferred to image or other data carriers, if it is ensured that:

1.

they remain available for the duration of the retention period and can be made legible again; and

2.

Documents made legible again correspond to the original text.

The replacement of the original shall be allowed for three months after the conclusion of the recognition procedure with recognised conscientious objectors and conscientious objectors who are not subject to civil service. (2) After transfer, the agreement shall be to document with the original. The original text will be destroyed. The data carrier shall be kept in the microfilm location or in another media library. (3) The rules on access to the original shall be deemed to be valid for access to the data carrier. (4) The data carrier shall be destroyed as soon as the data carrier has been given access to the data carrier. the conditions for the destruction of the personnel file according to § 7 for all personnel documents stored on the data carrier are fulfilled. Unofficial table of contents

§ 9 Collection, processing and use of personal data

(1) Personal data may only be collected for the purposes of the implementation of the Civil Service Act and the War Service Denial Act and for the initiation or implementation of procedures for the revocation of recognition as conscientiously objectors, (2) In the case of first-time storage of personal data, the person or persons concerned shall be notified of the nature of the stored data. This is done by sending a leaflet by the responsible constituency substitute office when the message is issued via the submission of the application documents to the Federal Office or by handing out the information sheet by the Federal Office after the entry of the German Federal Office of the Federal Republic of Germany (Bundesamt). Unquestionability of recognition as a conscientiously objector or conscientiously objector. (3) The Federal Office shall send civil servants and other persons who have submitted an application pursuant to Section 2 of the War Service Refusal Act to Request a compilation of the data stored for your person. Unofficial table of contents

§ 10 Access to stored personal data

(1) The staff of the Federal Office may only have access to the stored personal data necessary for the performance of his/her duties. (2) The staff of the administrative offices shall be entitled only to those at the administrative offices. (3) The necessary control measures depend on the Appendix to § 9, first sentence, of the Data Management Committee. Federal Data Protection Act. Unofficial table of contents

§ 11 Transfer of personal data by the Federal Office

(1) The Federal Office shall transmit the decision on the application of a reserve agent or a conscription person for recognition as a conscientiously objector or conscientiously objector to the competent authority of the district authority. In the case of soldiers who are soldiers, the decision is to be transmitted to the Disciplinary Board or the Disciplinary Board. (2) The Federal Office shall transmit personal data of a civil service subject to the Civil Service. , to the employment office, where this is necessary for the implementation of the civil service. The data processing and use by the office of employment is subject to the control of the Federal Office. (3) The Federal Office shall transmit personal data of a civil service subject to the Civil Service to the administrative office of the Federal Office for Civil Service (Bundesamt). Welfare association or in the case of the non-association of the civil service of the civil service group, to the extent that this is necessary for the implementation of the delegated administrative tasks. (4) Insofar as it is necessary for the implementation of an introductory service, the Federal Office of the School, which carries out the introductory service, shall transmit personal data of the civil service subject. (5) Insofar as it is (6) The Federal Office transmits the Protestant and Catholic Churches to the Protestant and Catholic Churches (6). Personal data of a civil service subject to the relevant Confession, insofar as this is necessary for the offer of a pastoral care at the place of use and agrees to the civil service subject. (7) The Federal Office shall be aware of facts which have resulted in a change in benefits under the The Federal Office may inform the Reporting Authority and the Federal Administrative Office of the personal data of the Federal Office for the Protection of Maintenance Obligations under the maintenance law. (8) The Federal Office of the Federal Office of the Interior Persons subject to civil service, to the extent that this is necessary for the purpose of determining (9) The Federal Office shall transmit to the institutions of the statutory health and pension insurance as well as the unemployment insurance the personal data of the civil service subject, which according to the law of the Social security including unemployment insurance. (10) Other authorities and bodies may provide personal data in the context of exemption and withdrawal requests from civil service providers with their consent to the collection of opinions and opinions. The written opinions and opinions received in this context will form part of the personnel file. If these personal data contain third parties, they shall be closed in an envelope after the processing of the applications has been concluded. (11) Personal data of a recognised conscientious objector, who according to § § 14 to 14c of the Civil Service Act shall not be used as a civil service, the Federal Office shall transmit to the institution of the service to which the recognised conscientiously objector has committed himself, to the extent that the knowledge of the data for the execution of the service (12) Data from the Union of actions may be taken into account, except in accordance with paragraphs 2, 3 and 10 (13) The transfer of personal data must be documented. (14) An automated retrieval of personal data is not permitted. Unofficial table of contents

§ 12 Deletion of data

(1) The same time-limits as for the destruction shall apply to the erasure of personal data processed automatically by civil service persons and other persons who have submitted an application in accordance with § 2 of the War Service Denial Act. (2) Prior to the deletion, a transfer of non-personal data into a statistical database is permissible. (3) For the erasure of the personal data stored by administration offices and civil service groups shall be subject to the same time-limits as for the destruction of the minor acts. (4) The Personal data relating to the implementation of introductory services from the civil service schools shall be deleted at the latest six months after the end of the course of the course of the course. This shall be without prejudice to the retention periods for the payment-based documents for the introductory courses which have been settled. The personal data of the participants stored in connection with the implementation of civic education events shall be deleted no later than one year after the last notification. Unofficial table of contents

Section 13 File inspection

(1) Civil service persons and other persons who have submitted an application pursuant to § 2 of the War Service Refusal Act may also, after their departure from the civil service relationship and after the decision on the application, access to their require complete personnel records. Your Plenipotentiary shall be granted an insight, in so far as there are no official reasons to prevent it. This shall also apply to survivors if a legitimate interest is credibly made. For information from the personnel file, the sentences 2 and 3 apply accordingly. (2) The inspection of files can be made in the Federal Office, in which the nearest constituency office or in a civil service group is located at the place of residence of the person or the person who is to be found. A dispatch to the inspection or the inspection does not take place. The file may be sent to an authorized attorney or attorney. The sending of files abroad is not permitted. (3) The production of copies or copies by the applicant is permissible, insofar as there are no official reasons for this. Unofficial table of contents

Section 14 Information

(1) Information to third parties on personal data of civil service persons and other persons who have submitted an application pursuant to § 2 of the War Service Refusal Act may only be granted if:

1.

a special legal system allows

2.

who has agreed to the person concerned,

3.

the protection of legitimate, higher-ranking interests of third parties requires this;

4.

the implementation of a procedure for the withdrawal or revocation of recognition as a conscientiously objector or conscientic objector, or

5.

the defence of a significant impairment of the general good so requires.

(2) In addition to the provisions of Section 36 (3) sentence 8 of the Civil Service Act, the persons concerned shall be informed in writing about the content and the recipient or the recipient of the information. Unofficial table of contents

§ 15 Untied of the medical confidentiality

Personal medical data which are identified in the context of the granting of medical care or on the occasion of post-, hiring, service and dismissal examinations may be provided by the medical facilities, doctors and doctors responsible for the preparation of expert opinions shall be disclosed to the Medical Service and to the staff of the Federal Office responsible for the provision of medical care, in so far as this is particularly the case for the assessment of the use and The service of the civil service person or the billing of the costs is required. Unofficial table of contents

Section 16 Entry into force

This Regulation shall enter into force on the day following the date of delivery.