Supplementary Privacy Notice Regarding the Use of Online Forms
In addition to the General Privacy Notice regarding the use of online forms, we are providing you with information here about the specific processing of your data in connection with the handling of your application for—and, if applicable, the approval of—a change in the intended use of residential property (privately financed or publicly subsidized) as part of the online procedure.
1 Purposes and Legal Basis for Data Processing
We process your personal data in order to review your application regarding misuse or vacancy of a (publicly subsidized) apartment and, if applicable, to approve it. The legal basis for the processing of your personal data is Article 6(1)(c) of the GDPR in conjunction with
- Section 12 of the Act on Strengthening the Housing Sector in North Rhine-Westphalia (Housing Strengthening Act—WohnStG NW) in conjunction with § 3 of the Statute on the Protection and Preservation of Housing in Aachen (Aachen Housing Protection Statute) dated July 10, 2019 — in each case in conjunction with Section 3 of the North Rhine-Westphalia Data Protection Act (privately financed housing).
- Section 17(2)/(3) and Section 3 of the Act on the Promotion and Use of Housing in the State of North Rhine-Westphalia (WFNG NW)—in each case in conjunction with Section 3 of the Data Protection Act of North Rhine-Westphalia (DSG NW) (publicly subsidized housing).
In addition, the processing of your data in accordance with Article 6(1)(a) of the GDPR is also permitted if and to the extent that you have given us your consent.
Only for publicly subsidized housing:
In addition, we process your data as part of inventory and usage monitoring for publicly subsidized housing, e.g., in connection with the housing occupancy registry we maintain. The legal basis for the processing of your data in this regard is Article 6(1)(c) of the GDPR in conjunction with § 25 WFNG/No. 15.1 of the North Rhine-Westphalia Housing Use Regulations (WNB NW)—in turn in conjunction with Section 3 of the North Rhine-Westphalia Data Protection Act (DSG NW).
In addition, we are required to process your personal data for statistical purposes. The legal basis for this is: Article 6(1)(c) of the GDPR in conjunction with Section 25(1) of the North Rhine-Westphalia Housing Act (WFNG NW), No. 15.3.3 of the North Rhine-Westphalia Housing Use Regulations (WNB).
2 Consequences of Failure to Provide Required Data
Unless you provide us with your personal data, we cannot verify whether the requirements for approving a change of use of residential space in your case are met in accordance with Sections 12 of the North Rhine-Westphalia Housing Act (WohnStG NW), Section 3 of the Aachen Housing Protection Ordinance, or Sections 17(2) and (3) of the North Rhine-Westphalia Housing Act (WFNG NW). Accordingly, we cannot grant you permission to use the (publicly subsidized) residential space for a purpose other than housing.
3 Categories of Processed Data
As part of the administrative process, the following categories of data are collected and processed:
a) Master Data/Contact Information:
- Last name, first name, address, phone number, fax number, email address, information regarding the existence of a representative relationship
b) Information about the apartment/residential property
- Information regarding the applicant’s relationship to the dwelling that is to be used for a purpose other than its intended one; information regarding the rental property (address, type of building); location, size, amenities, and condition of the rental apartment; Details regarding the planned future use or the nature of the planned change of use; details regarding the reasons for the planned vacancy; details regarding the reasons why the interests in a change of use are deemed to prevail; details regarding any planned replacement housing, if applicable.
For publicly subsidized housing, the following also applies:
- Information regarding the project receiving funding; the recipient of the funding; and the type, scope, and duration of the funding
4 Recipients or Categories of Recipients of the Data
Your personal data will be processed exclusively by employees of the Department of Housing, Social Affairs, and Integration of the City of Aachen—and, where applicable, by employees of other departments of the City of Aachen—as part of the application and approval process. No personal data is transferred to third parties in connection with applications for approval to use privately financed housing for a purpose other than its intended one.
In cases of publicly subsidized housing:
Your data will be disclosed exclusively to NRW.BANK and the Aachen City Region, Office for Building Inspection and Housing Assistance (approving authority), in accordance with the provisions of the WFNG NW, in particular Sections 3 and 17.
5 Retention Period & Deletion
Your personal data will be deleted by the Department of Housing, Social Affairs, and Integration of the City of Aachen as soon as it is no longer needed in connection with the application/administrative process regarding the approval of a change in the intended use of residential space.
Due to the fee requirement for approving a change of use of residential space (see § 11 of the Aachen Residential Space Protection Ordinance), the retention period is 6 years after the case is closed, see § 59(2) of the North Rhine-Westphalia Municipal Budget Regulation (KomHVO NW).
If a claim by the Department of Housing, Social Affairs, and Integration (e.g., a demand for repayment) is still outstanding, the data will be retained for 30 years in accordance with the provisions of the Code of Civil Procedure (ZPO) or the German Civil Code (BGB), because the claims do not become time-barred until then. The period is calculated based on the date of the most recent attempt at enforcement.
Only for publicly subsidized housing:
Your personal data will be stored in the housing file as data to be collected regarding the occupancy status of the subsidized housing. The files must be retained until the end of the fifth year following the termination of the earmarking, i.e., the date on which the subsidies granted for the construction of the subsidized rental housing are/were repaid, § 25(1) WFNG in conjunction with No. 15 1.1 WNB NW.