For data processing in employment relationships, European legislators have paved the way for independent national regulations through the opening clause in Art. 88 (1) GDPR. For our federal state, this was implemented in § 20 of the State Data Protection Act (LDSG).

The following persons are covered by employee data protection:

• Employees, including temporary workers in relation to the hiring company
• Civil servants
• Trainees and interns
• Participants in programs for participation in working life and the assessment of professional aptitude or work trials (rehabilitation patients)
• Employees in recognized workshops for disabled persons
• Volunteers performing service under the Youth Voluntary Service Act or the Federal Voluntary Service Act
• Persons who are considered to be similar to employees due to their economic dependence; this also includes home workers and persons of equivalent status Persons performing civilian service
• Applicants for employment
• Persons whose employment relationship has ended

We require the following data in order to carry out the employment relationship/service relationship.

• Last name, first name
• Private address
• Date of birth
• Marital status, number of children
• Proof of severe disability
• Bank details
• Tax ID, tax bracket
• Social security number
• Health insurance
• Pension insurance, pension fund (including notification of exemption from pension insurance) ZVK insurance number
• Religious affiliation
• Nationality
• Contract for investment VWL
• Deferred compensation agreement
• Certificates of incapacity for work
• Position and activities
• Pay grade and level
• Telecommunications data (e.g., participation in on-call duty), if applicable
• Honorary positions (insofar as these give rise to entitlement to time off)
• Vocational qualification certificate
• Certificates of course participation
• Vacation certificates, recording of absences
• Warnings, reprimands
• Consent to use name (work email, work address, etc.)
• Consent to use photo (website, text publications, etc.)

According to Section 23 (3) LDSG, the processing of special categories of personal data (Art. 9 (1) GDPR) for employment purposes is permissible if it is necessary for the exercise of rights or the fulfillment of legal obligations under labor law, social security law, and social protection law, and there is no reason to assume that the data subject's legitimate interest in excluding the processing outweighs this (e.g., information on severe disability).

The above-mentioned data is contained in the personnel file, which all employees can access (their own file).

The data is processed in the state capital of Mainz's own data center.

When you submit your application, we collect the following personal data:

• Last name, first name
• Title, form of address
• Date of birth
• Home address
• Private telephone number/email address
• Severe disability and degree of disability, if applicable
• Attention to companies
• Qualifications, degree
• Information about personal expectations regarding the job (start date, preferred area of work, preferred working hours)
• Other personal comments

From your application documents, we collect your cover letter, resume, references, certificates, and, if applicable, proof of severe disability.

Your data will be used exclusively for the purpose of filling the advertised position within the state capital of Mainz and will only be forwarded by authorized employees to the departments of our administration responsible for the specific application process.

Notwithstanding this, your application documents may only be used for purposes other than filling the advertised position if you expressly give us your consent to do so. If you wish to make use of this option, we require a written declaration of consent from you in accordance with Art. 6 (1) a) GDPR in conjunction with Art. 7 GDPR, which you can revoke at any time.

After six months, following completion of the application process, your personal data will generally be deleted, unless legal provisions prevent deletion or further storage is necessary for the purpose of providing evidence.

Notwithstanding this, longer storage is only possible if you have expressly given your consent. If you wish to make use of this option, we require a written declaration of consent from you in accordance with Art. 6 (1) a) GDPR in conjunction with Art. 7 GDPR, which you can revoke at any time.

We may also obtain information in the application process that is not covered by the right to ask questions from generally accessible sources that applicants use to present themselves (e.g., professional networks such as XING or LinkedIn).

For the purpose of public relations, photographs of employees of the state capital are also published if this is necessary for the performance of the employment relationship (Section 20 (1) LDSG). Otherwise, the legal basis for this is Article 6 (1) (a) GDPR. If photos of employees are to be used on the basis of consent, it should be noted that this consent must not only be expressly given in writing, but also, due to the dependency existing in the employment relationship, the circumstances of the consent must be taken into account with regard to its voluntary nature. You can revoke your consent at any time in accordance with Art. 7 GDPR. Young people aged 16 and over may give their consent themselves.

If you object to the further processing and publication of your photographs and if, for particularly compelling reasons, your rights and freedoms as the person depicted are violated, we will refrain from further processing by taking appropriate measures. It is not possible to make photographs in print media that have already been published unrecognizable. Deletion from the website or intranet of the state capital of Mainz will be carried out within the scope of technical and organizational possibilities.

If you exercise your above-mentioned rights, we will check whether the legal requirements for this are met and you will receive a corresponding notification from us.

The data will be stored by us for as long as the employee could still derive claims from the employment relationship or service relationship (e.g., in the context of a possible legal dispute). Furthermore, the data is required for any tax audits and for social security purposes, where it must be submitted as evidence (e.g., pay slips).

Application documents are destroyed or deleted six months after the rejection letter has been sent, unless there are legal reasons not to do so, or the applicant has consented to longer storage, or the applicant is hired. In the latter case, the necessary applicant data will continue to be used for personnel administration purposes.

The deletion of the data is logged.

Of the above data, only the data required by law will be passed on to third parties (e.g., payroll office, health insurance company, tax office, supplementary pension fund, employment agency, state office for statistics).

Please note that applicant data may have to be disclosed in the event of a competitor lawsuit.

Our data processing takes place in Germany and the EU; data is not transferred to third countries or international organizations.

If you have any questions about the collection, processing, or use of your personal data, or if you require information about the correction or deletion of data, please contact our data protection officer.

You can revoke your consent in writing by sending an email to the following address:

datenschutzstadt.mainzde

We may ask you to identify yourself. We are obliged to do so in case of doubt, especially when transmitting emails that have not been provided with a qualified digital signature. Alternatively, you can also contact us by post.