Reporting portals have been causing a stir for weeks now. These portals demand that teachers who do not work in a politically neutral manner be reported.

These are forms that are offered on various websites. For example, on the website “lehrsos.de/melden/”, which is operated by the AfD parliamentary group in the Saxon state parliament, people are even asked to send pictures.

#1 Fill out the form and describe the situation as best as possible. You can also attach a picture, because sometimes that says more than 1,000 words.

#2 Before “sending” please agree to the data protection regulations..[sic]

All data is treated confidentially and is only included in parliamentary work anonymously.

It is repeatedly emphasized on these websites that the names of the submitters will be treated confidentially. But that's not true; data must be released upon request if you are affected by data processing.

Anonymous? Absolutely not!

A few days ago, lawyer Chan-Jo Jun, founder and managing director of Jun Rechtsanwälte - law firm for IT and commercial law in Würzburg, published a status message on Facebook in which he made it clear that there can be no secrecy.

Reports about suspected violations of the neutrality requirement can be sent to us confidentially using our contact form.

Jun writes on Facebook:

We were asked how AfD MP Stefan Räpple's new reporting platform should be classified.
We have some legal concerns here. 1. The privacy policy is linked incorrectly.
It also does not meet the requirements of the GDPR in terms of content. 2. Reporters are assured that their own name will remain secret “in any case”. But that is not the truth. The operator (unlike journalists or lawyers) must hand over the data if, for example, a teacher concerned files a complaint about defamation and the StA begins an investigation.
So the promise of secrecy is a deception. 3. A party cannot claim the privileges under whistleblowing jurisprudence, as there are other suitable means for reporting breaches of duty.
4. If reports are to be expected, every teacher has a right to information from Mr. Räpple. Violation of this obligation to provide information in turn constitutes a violation of the GDPR, which can be punished with a fine.

Keyword GDPR

This is exactly where a big problem lies, as data is collected electronically via the respective forms. If data is entered by third parties about a teacher (name, location/school), this teacher has the right to the release of all existing data that relates to themselves.

In addition to the data information, affected teachers can also submit a request for deletion.

Lead to absurdity?

The operators of the website “ staybehindfoundation.de ” even go one step further and, in the “Please report!” campaign, call on teachers or people who simply want to get in touch to go to one of the reporting pages themselves should report and then obtain self-disclosure to find out what data about you has been stored on the portal.

Teachers who are not sure whether a report has been made about them can also ask for information about any data that may be available, because data subjects have the right to request confirmation from those responsible as to whether they (as a person) relevant personal data is or has been processed.

On the website “staybehindfoundation.de” you can find more detailed explanations of how this can work, where you can request information as well as a sample letter for self-disclosure and a request for deletion .

Article 15 Right of access of the data subject

GDPR – General Data Protection Regulation

via jusline.at , current status of the legislation: October 22, 2018

(1) The data subject has the right to request confirmation from the controller as to whether personal data concerning him or her is being processed; If this is the case, you have the right to access this personal data and the following information:

a) the processing purposes;
b) the categories of personal data being processed;
c) the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
d) if possible, the planned period for which the personal data will be stored or, if this is not possible, the criteria for determining that period;
e) the existence of a right to rectification or deletion of personal data concerning you or to restriction of processing by the controller or a right to object to such processing;
f) the existence of a right to lodge a complaint with a supervisory authority;
G) if the personal data are not collected from the data subject, all available information about the origin of the data;
H) the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

2. Where personal data are transferred to a third country or to an international organization, the data subject shall have the right to be informed of the appropriate safeguards referred to in Article 46 in relation to the transfer.

(3) The controller provides a copy of the personal data that is the subject of processing. For all further copies requested by the data subject, the person responsible may charge a reasonable fee based on the administrative costs. If the data subject submits the application electronically, the information must be provided in a common electronic format unless the data subject states otherwise.

(4) The right to receive a copy in accordance with paragraph 1b must not prejudice the rights and freedoms of other persons.

 


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