Data protection declaration for applicants
Data Protection Declaration of the Leibniz Institute for Resilience Research (LIR) gGmbH according to the legal requirements of Articles 12, 13, and 14 GDPR
Data protection declaration for applicants
(Version 6, 18th January 2021)
We, the Leibniz Institute for Resilience Research (LIR) gGmbH, will inform you below in accordance with Article 13 of the EU General Data Protection Regulation (GDPR), or in accordance with Article 14 GDPR if the data acquisition is not direct.
We are pleased to fulfil this obligation and inform you in detail and transparently about which personal data is or will be processed by us.
The purpose of the following explanations is to describe what kind of data we process, for which purpose and what your rights are (in accordance with Articles 15 to 22 and Article 34 GDPR).
Responsible person according to GDPR and the respective national data protection laws of the European member states as well as other national regulations, which concern data protection, is:
Leibniz Institute for Resilience Research (LIR) gGmbH
Phone: +49 (0)6131 89448-02
Contact details of the Data Protection Officer:
Phone: +49 (0)6131 89448-08
Purpose of data processing
Your personal data contained in the application documents or possibly obtained in the interview will only be processed for the purpose of the selection process for the position advertised.
Legal basis of processing
The legal basis for data processing in the application process and as part of the personnel file is: § 26 (1) sentence 1 BDSG and Article 6 (1) lit. (b) GDPR and, if you have given your consent, for example by sending information that is not necessary for the application process, Article 6 (1) lit. (a) GDPR. The legal basis for data processing after a rejection is Article 6 (1) lit. (f) GDPR. The legal basis for budgetary and tax law storage is Article 6 (1) lit. c GDPR in conjunction with § 147 AO. Legitimate interest in processing on the basis of Article 6 (1) lit. (f) GDPR is the defense against legal claims.
Type of data processed by us:
The following personal data are collected, processed and stored:
Applicant data: name, date of birth, curriculum vitae, nationality/work permit, etc. for selection, recruitment, entry and exit management;
Private contact details: address, telephone number, e-mail (for the purpose of establishing contact);
Data as part of the personnel screening: e.g., police certificate of good conduct/clearance certificate;
Other data in personnel management: severe disability (if relevant), driving license
We generally do not need any special categories of personal data for the application process according to Art. 9 GDPR (such as race, ethnic origin, gender, religion or belief, disability, age or sexual identity). We kindly ask you not to send us any such information from the outset. If such information is exceptionally relevant to the application process, we process it together with your other applicant data. For example, this can relate to information about a severe disability that you can voluntarily provide us with and that we must then process to fulfill our special obligations with regard to the severely disabled. In these cases, the processing serves the exercise of rights or the fulfillment of legal obligations from labor law, social security law and social protection. The legal basis for data processing is then Art. 9 (2) lit. b GDPR, § 26 Abs. 3 BDSG, 164 SGB IX.
Exceptionally, it may be necessary to assess your suitability for the intended position, by obtaining information about your health or a disability or information from the Federal Central Register (Bundeszentralregister), i.e. about criminal records. The legal basis for this is § 26 BDSG.
As part of the application process, your personal data will be passed on within the Leibniz Institute for Resilience Research (LIR) to: members of the selection committee, personnel management, the equal opportunities officer, the representative for the severely disabled and, if applicable, and the works council as part of their organizational or legal jurisdiction.
After the achievement of the respective purpose your personal data will be deleted if no contract is established. However, data will be kept for as long as is necessary to defend legal claims or any AGG allegations. Otherwise we usually delete your application 4 months after the end of the application process, unless your profile has been submitted to us by a recruitment agency and is subject to longer-term commission claims from this service provider. Insofar as accounting-relevant processing has been carried out, such as the reimbursement of travel expenses, the data necessary for this will be stored in compliance with the legal retention periods, which are usually 6 or 10 years and then deleted.
If the application was successful and we conclude a contract with you, we transfer the data collected during the application process to our personnel file (see Data Protection Declaration for Employees).
Rights of the data subject
As far as one’s personal data are processed, one is according to the GDPR a so-called data subject. If you are the data subject, you have the following rights listed below. The right to negative information is added if we have not saved anything about you.
Information to be provided were personal data is collected
In addition to providing information on whether any data has been stored about you, you have a general right to information. When we are processing your personal data, you can request the following information:
According to the legal wording according to Article 15 GDPR we will inform you upon request about:
the purposes for which the personal data is processed
the categories of personal data that are processed
the recipients or the categories of recipients to whom the personal data relating to you have been disclosed or are still being disclosed
the planned duration of the storage of your personal data
if specific information is not possible, criteria for determining the duration of storage;
Furthermore, we provide you with information about your rights. These are detailed below. You have a right to rectification (Article 16 GDPR) or a right to erasure (Article 17 GDPR) of your personal data. In addition, you have the right to restriction of processing by the controller (Article 18 GDPR) or a right to object to such processing (Article 21 of the GDPR). You have also the right to complain to a supervisory authority (Article 77 DS-GVO).
We also inform you about all available information on the origin of the data, if the personal data are not directly collected from the data subject (Article 14 GDPR).
We will generally not use profiling and will not use your data for automated decision-making in accordance with Article 22 (1) and (4) GDPR.
You also have the right to know whether your personal information is being transferred to a third country or to an international organization. If this is the case, we will inform you about the appropriate guarantees according to Article 46 GDPR regarding the third-country transfer.
Right to rectification
The right to rectification (Article 16 GDPR) and the new right to completion of data are guaranteed if personal data about you is incorrect or incomplete. The correction will be made immediately, which means without any undue delay by us.
Right to restriction of processing
You have the right to restrict the processing of your personal data (Article 18 GDPR). In this case, your data will only be saved and no longer used. According to the law you can assert this right if:
you deny the accuracy of your personal information for a period of time that enables the controller to verify the accuracy of your personal information;
the processing is unlawful and you refuse to delete the personal data and instead request the restriction of the use of personal data;
if the controller no longer needs personal data for the purposes of processing, but you need them for asserting, exercising or defending legal claims, or if you have lodged an objection to the processing according to Article 21 (1) GDPR and one has to check whether there are other legitimate reasons data processing.
If the processing of your personal data has been restricted, these data may only be used with your consent or to assert, exercise or defend legal claims or to protect the rights of another natural or legal person or for reasons of major public interest by the Union or a Member State.
As soon as we would like to continue to process the data again, i.e. the restriction of the processing would be cancelled, you will be informed.
Right to erasure
You have the right to request the erasure of your data (Article 17 GDPR) if one of the following cases applies.
We will delete your personal data without undue delay,
if your personal data are no longer necessary for the purposes for which they were collected or otherwise processed
if you revoke your consent to the processing in accordance with Article 6 (1) a or Article 9 (2) a GDPR and there is no other legal basis for processing
if you according to Article 21 (1) GDPR object to the processing and no other justifiable reasons for the processing exist, or you according to Article 21 (2) GDPR object to the processing
if your personal data have been processed unlawfully
if the erasure of your personal data is necessary to fulfil a legal obligation under Union or national law to which the controller is subject to
if the personal data relating to you have been collected in relation to information society services offered pursuant to Article 8 (1) GDPR
Right to be forgotten
If the controller has made the personal data relating to you public and is in accordance with Article 17 (1) GDPR required to erase them, the controller will, by taking the currently available technology into account as well as the implementation costs, inform all instances that are processing the data about your request to delete any links to such personal data as well as copies and replications.
Exceptions to the right of erasure
The right to delete may be restricted. This is the case if the data is required for the following purposes:
to exercise the right to freedom of expression and information;
to fulfil a legal obligation required by the law of the Union or of the Member States to which the controller is subject to, or to carry out a task which is in the public interest or in the exercise of public authority delegated to the controller;
for reasons of public interest in the field of public health according to Article 9 (2) h and i as well as Article 9 (3) GDPR;
for archival purposes of public interest, scientific or historical research purposes or for statistical purposes according to Article 89 (1) GDPR;
to assert, exercise or defend legal claims;
Right to notification obligation
If you, as the data subject, exercise the right to rectify, delete or restrict data processing, we as controllers are required to notify each recipient to whom the relevant personal data have been disclosed of the correction or deletion of the data or restriction of processing by the data subject (Article 19 GDPR). However, this does not apply if this proves impossible or involves a disproportionate effort. You have the right to be informed about these recipients.
Right to data portability
You, as the data subject, have the right to request the personal data that you have given to a controller in a structured, standard and machine-readable format (Article 20 GDPR).
Added to this is the right to send this data to a third party of your choice. The controller will not prevent you from transferring the data to the new person responsible, provided that the processing is based on a consent in accordance with Article 6 (1) a GDPR or Article 9 (2) a GDPR or on a contract according to Article 6 (1) b GDPR the processing is done using automated procedures.
As far as this is technically feasible and the liberties and rights of other persons are not affected by this, you also have the right that your personal data will be transferred directly from the original person responsible to the new person in charge.
However, the right to data portability does not apply in all cases. An example would be if the processing of your personal data is necessary for the performance of a task in the public interest or in the exercise of public authority delegated to the controller.
Right to object
In several situations, you are entitled to a right of objection (Article 21 GDPR) against data processing. You are therefore informed that you have the right to object the processing of your personal data at any time, which was based on Article 6 (1) a and e GDPR or Article 9 (2) a and file your opposition with the controller. In this case, your personal data will no longer be processed, unless the person responsible can prove that there are compelling legitimate reasons that outweigh your interests as a data subject and your rights and freedoms. Likewise, processing may continue if it serves to assert, exercise or defend legal claims.
If the processing of your personal data serves direct marketing purposes you continue to have the right to object at any time to this processing for such advertising.
If you object to the processing for direct marketing purposes, your personal data will no longer be processed for these purposes.
You may object to the processing of personal data relating to you for scientific or historical research purposes or for statistical purposes under Article 89 (1) GDPR, unless such processing is necessary to fulfil a task of public interest.
Right to withdraw the data protection consent declaration
You have the right to withdraw your consent at any time without giving reasons. The revocation is valid only for the future. This means that by revoking the declaration of consent, the previous processing, until receipt of the revocation of the consent, is not unlawful.
Automated decision-making on a case-by-case basis, including profiling
You have the right not to be subjected to a decision-making process based solely on automated processing in so far as it has a legal effect or similarly affects you in a substantial way (Article 22 GDPR). This also applies to so-called "profiling".
We generally will not use personal information for profiling or automated decision making.
Right to lodge a complaint with a supervisory authority
You have the right to lodge a complaint with a supervisory authority (Article 77 GDPR). The supervisory authority responsible for you is that of your place of residence. In addition, you are free to assert any other remedies from administrative or civil courts.
The supervisory authority with which you filed your complaint will be pleased to inform you of the current status of the results and to provide you with any legal remedies.
Prof. Dr Dieter Kugelmann; Hintere Bleiche 34, 55116 Mainz; phone: +49 (0)6131 208 24 49;
Changes to the data protection declaration
Online: We reserve the right to update our Data Protection Declaration as required and publish it here. The updated statement will become effective upon publication, subject to applicable legislation. If we have already collected data about you that are affected by the change and/or are subject to a statutory information obligation, we will also inform you about significant changes to this data protection declaration.