Data protection

Privacy Policy[1]


A) General Information


Name and contact details of the responsible party:

Nuremberg Middle School, Werderau School Campus

Nuremberg South Middle School Association

Maiacher Straße 6

90441 Nuremberg


Phone:0911 23135325

Fax:0911 231 3862

E-mail:mnsw@stadt.nuernberg.de

Data Protection Officer for Schools in Nuremberg:


#DataProtectionOfficer for Schools | Digital School Authority


Purposes and legal bases for the processing of your data

We process personal data to fulfill the educational mandate assigned to schools by the Bavarian Law on Education and Instruction (BayEUG).

Unless otherwise stated below, the legal basis for the processing of your data is Art. 85 of the Bavarian Education and Instruction Act (BayEUG) in conjunction with Art. 6 para. 1 subpara. 1 letter e of the General Data Protection Regulation (GDPR).

Therefore, we are allowed to process the data necessary to fulfill our school-related tasks.

Recipients of personal data

The technical operation of our data processing systems is generally carried out by

1&1 IONOS SE on our behalf.

For certain processes, we use additional data processors.

Upon request, your data will be transmitted to the relevant supervisory and auditing authorities for the purpose of exercising their respective control rights.

Duration of storage of personal data

Your data will only be stored for as long as is necessary to fulfill the task, taking into account statutory retention periods.

Your rights

As a data subject, you have the following rights:

  • You have the right to information about the data stored about you (Art. 15 GDPR).
  • If incorrect personal data is processed, you have the right to rectification (Art. 16 GDPR).
  • If the legal requirements are met, you can request the erasure or restriction of processing (Articles 17 and 18 GDPR).
  • If you have consented to data processing or a data processing agreement exists and the data processing is carried out using automated procedures, you may have a right to data portability (Art. 20 GDPR).
  • If you have consented to the processing of your data and the processing is based on this consent, you can withdraw your consent at any time for the future. The lawfulness of the data processing carried out based on the consent before its withdrawal remains unaffected.

You have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal data where the processing is based on point (e) of Article 6(1) of the GDPR (Article 21(1) of the GDPR).

Right to lodge a complaint with the supervisory authority

Regardless of the above, you have the right to lodge a complaint with the Bavarian State Commissioner for Data Protection, whom you can reach using the following contact details:


Postal address: P.O. Box 22 12 19, 80502 Munich
Address: Wagmüllerstraße 18, 80538 Munich
Telephone: 089 212672-0
Fax: 089 212672-50

E-mail:poststelle@datenschutz-bayern.de
Internet:
https://www.datenschutz-bayern.de/

Further information

For more information about the processing of your data and your rights, you can contact us using the contact details provided above (at the beginning of section A).



B) Information about the website


Technical implementation

Our web server is operated by 1&1 IONOS SE, Elgendorfer Str. 57, 56410 Montabaur. The personal data you transmit when visiting our website is therefore processed on our behalf by this data processor.

Logging

When you access this or other websites, your internet browser transmits data to our web server. The following data is recorded during an active connection for communication between your internet browser and our web server:

  • Date and time of the request
  • Name of the requested file
  • Page from which the file was requested
  • Access status (file transferred, file not found, etc.)
  • Internet browser and operating system used
  • Full IP address of the requesting computer
  • Amount of data transferred.

This data will be deleted after the connection ends.

Active components

We do not use any active components such as Javascript, Java applets or ActiveX controls.

Cookies

When you access this website, we store cookies (small files) on your device that are valid for the duration of your visit ("session cookies"). We use these exclusively during your visit to our website. Most browsers are set to accept cookies, but you can disable this function in your browser settings for the current session or permanently. Your browser will automatically delete these cookies after your visit ends.

Analysis of user behavior (web tracking systems; reach measurement)

We do not use any programs to analyze user behavior.


C) Information on further processing


To fulfill our educational responsibilities (Art. 2 BayEUG), we process personal data concerning the following groups of people:


a) Data of pupils and their parents/guardians

The data collected from students includes, in particular, name, address, nationality, religious affiliation (where required for school practice), migration background (country of birth, year of immigration to Germany, native language German/non-German), academic performance data, data on school and vocational education, and vocational training. Where applicable, special educational support measures, such as recommendations regarding the student's educational path, absences, and disciplinary measures pursuant to Article 86 of the Bavarian Education Act (BayEUG), are also recorded.


The data from the Parents/guardians This includes, in particular, name and address details as well as information on custody.

Legal basis

The central legal basis is Article 85 Paragraph 1 of the Bavarian Education Act (BayEUG). According to this, schools may process the data of pupils and their legal guardians that is necessary for fulfilling the tasks assigned to them by law.


The processing of data in connection with the publication of an annual report for the pupils and their parents is based on Art. 85 para. 3 BayEUG, and, where applicable with regard to photos, on consent.


The legal basis for processing the name and address data of the legal guardians as well as information on custody is Art. 85 para. 1 sentence 3 BayEUG.


purposes

Within this framework, data processing at our school serves in particular the following specific purposes:


Communication with parents/guardians (Art. 2 para. 4 BayEUG), documentation of student and academic performance data, issuing of report cards (Art. 52, 85a BayEUG and provisions of the school regulations and the teachers' service regulations); determination of special educational needs (Art. 19 BayEUG); deployment of mobile special education services (Art. 21 BayEUG), internship management (Art. 50 paras. 3 and 4 BayEUG); monitoring of compulsory school attendance (Art. 57 BayEUG); participation in shaping school life (Art. 62 ff. BayEUG); disciplinary measures (Art. 86 BayEUG); implementation of school statistics (Art. 113b BayEUG); evaluation and quality development (Art. 113c BayEUG); school counseling by guidance counselors or school psychologists (Art. 78 BayEUG); school financing (Art. 4, 10, 19 Bavarian School Financing Act - BaySchFG). Public relations; only for vocational schools: cooperation with training companies for the purpose of successful dual vocational training (§ 83 para. 2 BBiG).


Duty to provide information to the school
Pupils and/or their legal guardians have a duty to provide information in accordance with Article 85 Paragraph 1 Sentence 3 and Sentence 4 of the Bavarian Education Act (BayEUG).

Recipient

We only transmit data of our students to external bodies if this is necessary for the fulfillment of our tasks or is otherwise legally provided for or permitted.

The recipients include, in particular:

  • Parents/guardians, pupils (Art. 85 para. 3 BayEUG)
  • the responsible school supervisory authorities (Art. 113 BayEUG)
  • Audit authorities (Art. 95 BayHO) the responsible youth welfare office (Art. 31 BayEUG)
  • the bodies responsible for material costs (Art. 10, 19 BaySchFG)
  • the bodies responsible for the costs of student transportation (Art. 1 para. 1 and 5 School Transportation Cost Exemption Act - SchKFrG in conjunction with the Ordinance on Student Transportation)
  • the State Office for Statistics (Art. 113b para. 10 BayEUG)
  • the receiving school in the event of a school change (Art. 85a para. 2 BayEUG, § 39 BaySchO)
  • the residents' registration office (in case of deregistration of foreign pupils from school attendance in Bavaria, § 3 Primary School Regulations – GrSO, § 3 Secondary School Regulations - MSO)
  • the district administrative authorities (Art. 118 BayEUG and Art. 119 BayEUG)
  • For documents worthy of archiving, after the retention period has expired, the responsible archive may be contacted in accordance with the Bavarian Archives Act (BayArchivG).
  • the competent immigration authority if the school determines that foreign students of compulsory school age do not have sufficient German language skills for successful school attendance (Art. 85 para. 2 BayEUG)
  • the responsible public health department (§§ 33-36 Infection Protection Act – IfSG; § 20 para. 8-10 IfSG)
  • Possibly members of the teaching staff of the partner school and users in the virtual courses/rooms of the password-protected learning platform
  • Target school in case of school changes (Art. 85a para. 3 BayEUG)

Storage duration


principle:

We only store data from pupils and parents for as long as is necessary for the respective task, taking into account statutory retention periods.


Data in student records:

The following applies to data stored in student records:§ 40 of the Bavarian School Regulations (BaySchO), generally the following retention periods:

Affected data


  1. Student record sheet; copies of graduation certificates or equivalent certificates; copies of certificates conferring school qualifications; copies of documents authorizing the use of a professional title.

    --> 50 years


    2. Performance records --> 2 years


    3. All other data --> 1 year

    The deletion periods for the data mentioned in Nos. 1 and 3 begin at the end of the school year in which the student leaves the school, and for the performance records at the end of the school year in which they were created.


    Records from school counseling sessions:


    Records of consultations with guidance counselors and school psychologists are kept under lock and key for three years after the end of the student's school attendance and are then destroyed (see Announcement on School Counseling in Bavaria, Section III No. 4.4).


    b) Data from teachers


    We process the following data of teachers: name, nationality, information on teaching qualifications and teaching assignments, and possibly other personal data, insofar as this is necessary for the processing of the employment relationship at the school (the personnel file is kept at the service or employment authority).


    Legal basis

    The central legal basis is Article 85 Paragraph 1 of the Bavarian Education Act (BayEUG). According to this, schools may process the data of teachers that is necessary for fulfilling the tasks assigned to them by law.

    The processing of data in connection with the maintenance of additional personnel files (subsidiary files) is governed by Article 104 Paragraph 1 of the Bavarian Civil Service Act (BayBG). According to this provision, an employing authority that is not also the personnel administration authority may maintain an additional personnel file (subsidiary file) containing documents that are also found in the main file or sub-files, provided that knowledge of these documents is necessary for the performance of its duties.


    purposes

    Within this framework, data processing at our school serves in particular the implementation of organizational, personnel and social measures, especially for the purposes of personnel administration or human resources management (see in particular Art. 103 BayBG).


    Duty to provide information to the school
    Teachers have a duty to provide information in accordance with Article 85 Paragraph 1 Sentence 3 and Sentence 4 of the Bavarian Education Act (BayEUG).


    Recipient

    We only transmit teachers' data to external bodies if it is necessary for the performance of our tasks or otherwise legally required.


    The recipients include, in particular:

    • Parents/guardians, pupils (Art. 85 para. 1 and 3 BayEUG)
    • the responsible school supervisory authorities (Art. 113 BayEUG)
    • Audit authorities (Art. 95 BayHO) and the responsible personnel management bodies (Art. 103 ff. BayBG)
    • the State Office for Finance (Art. 103 ff. BayBG)
    • the State Office for Statistics (Art. 113b para. 10 BayEUG)
    • For documents worthy of archiving, after the retention period has expired, the responsible archive may be contacted in accordance with the Bavarian Archives Act (BayArchivG).
    • the responsible health authority (§§ 33-36 IfSG; § 20 para. 8-10 IfSG)
    • Possibly members of the teaching staff of the partner school and users in the respective virtual courses/rooms within the framework of the password-protected learning platform

    Storage duration


    principle:

    We only store teachers' data for as long as is necessary for the performance of the respective task, taking into account statutory retention periods.


    Personal data:

    The storage, deletion and destruction of your personal data within the framework of the employment relationship is governed by Articles 103 et seq. of the Bavarian Civil Service Act (BayBG), in particular Article 110 BayBG (in the case of employees, by Section 611a of the German Civil Code (BGB) and, by analogy, by Articles 103 et seq. of the Bavarian Civil Service Act (BayBG), in particular Article 110 BayBG).


    c) Data of non-teaching staff


    For non-teaching staff, we maintain the personal data necessary for processing the employment relationship at the school (the personnel file is kept by the service or employment authority).


    Legal basis

    The central legal basis is Article 85 Paragraph 1 of the Bavarian Education Act (BayEUG). According to this, schools may process the data of non-teaching staff that is necessary for fulfilling the tasks assigned to them by law.


    The processing of data in connection with the maintenance of additional personnel files (subsidiary files) is governed by Article 104 Paragraph 1 of the Bavarian Civil Service Act (BayBG). According to this provision, an employing authority that is not also the personnel administration authority may maintain an additional personnel file (subsidiary file) containing documents that are also found in the main file or sub-files, insofar as knowledge of these documents is necessary for the performance of its duties (in the case of employees pursuant to Section 611a of the German Civil Code (BGB) and, by analogy, pursuant to Articles 103 et seq. of the BayBG).


    purposes

    Within this framework, data processing at our school serves in particular the implementation of organizational, personnel and social measures, especially for the purposes of personnel administration or human resources management (see in particular Art. 103 BayBG).


    Recipient

    We only transmit data of non-teaching staff to external bodies if this is necessary for the performance of our tasks or otherwise legally required.


    The recipients include, in particular:

    • Parents/guardians, pupils (Art. 85 para. 1 BayEUG)
    • the responsible school supervisory authorities (Art. 113 BayEUG)
    • Audit authorities (Art. 95 BayHO)
    • the responsible personnel administration offices (Art. 103 ff. BayBG)
    • the State Office for Finance (Art. 103 ff. BayBG)
    • the State Office for Statistics (Art. 113b para. 10 BayEUG)
    • For documents worthy of archiving, after the retention period has expired, the responsible archive may be contacted in accordance with the Bavarian Archives Act (BayArchivG).
    • the responsible health authority (§§ 33-36 IfSG; § 20 para. 8-10 IfSG)

    Storage duration

    As a general rule, we only store data of non-teaching staff for as long as is necessary for the respective task, taking into account statutory retention periods.


    Personal data:

    The storage, deletion and destruction of your personal data within the framework of the employment relationship is governed by Articles 103 et seq. of the Bavarian Civil Service Act (BayBG), in particular Article 110 BayBG (in the case of employees, by Section 611a of the German Civil Code (BGB) and, by analogy, by Articles 103 et seq. of the Bavarian Civil Service Act (BayBG), in particular Article 110 BayBG).

    d) Data of persons who have business or other contact with the school

    (e.g. as service providers or tradespeople, representatives of local authorities or people contacting the school)


    Name and address details
    Further data is processed depending on the type of business or other contact.


    Legal basis

    The legal basis is in particular Art. 6 para. 1 subpara. 1 letter a GDPR (consent) and Art. 6 para. 1 subpara. 1 letter b GDPR (performance of a contract).


    purposes

    Data processing at our school, based on consent, serves the purpose specified in the consent or, in the case of contract processing, the fulfillment of the respective contract.


    Recipient

    We only transmit data of individuals who have business or other contact with the school to external bodies if this is necessary for the performance of our tasks or is otherwise legally required.


    Storage duration

    Data of individuals who are in business or other contact with the school will only be stored by us for as long as is necessary for the respective processing purposes, taking into account statutory retention periods.

    [1]Beyond informing the data subject about data processing within the framework of the website, the privacy policy can also be chosen as a location to inform the data subject about further data processing by the school in accordance with Articles 13 and 14 GDPR, e.g. informing the data subject about the processing of personal data at events or in certain specialist procedures (see C).