Privacy policy regarding family reunification (§ 46a NAG)
Data privacy notice in accordance with Article 13 GDPR
Personal data is processed in connection with your application for a residence permit under Section 46a of the Settlement and Residence Act (Niederlassungs- und Aufenthaltsgesetz – NAG) for family members of persons having been granted international protection (“family reunification”). We hereby inform you about the essential aspects of this data processing.
Controller
The controller responsible for processing your personal data is the Federal Office for Immigration and Asylum (Bundesamt für Fremdenwesen und Asyl, in short: BFA).
You can reach us using the following contact information:
Bundesamt für Fremdenwesen und Asyl
Modecenterstraße 22
1030 Vienna, Austria
phone: +43 1 59 133 98 7004
fax: +43 59 133 98 7399
e-mail: BFA-Einlaufstelle@bmi.gv.at
Contact details of the Data Protection Officer
Our Data Protection Officer can be contacted at:
Bundesministerium für Inneres
Herrengasse 7, 1010 Vienna
e-mail: bmi-datenschutzbeauftragter@bmi.gv.at
Purposes of data processing
Your personal data is processed for the purpose of conducting and deciding on your family reunification procedure, in particular to:
- Receiving and processing the application;
- Verification of the legal requirements;
- Verification of your identity and family relationships;
- Conducting necessary investigations;
- Communication with authorities and representative authorities;
- Fulfillment of legal documentation and evidence requirements.
Legal basis for processing of data
Processing of data is carried out on the basis of Article 6 (1) (c) GDPR to fulfill a legal obligation to which the controller is subjected to.
The controller’s legal obligation arises, in particular, from the relevant provisions of:
- The Settlement and Residence Act (Niederlassungs- und Aufenthaltsgesetz – NAG);
- The Aliens Police Act 2005 (Fremdenpolizeigesetz 2005 – FPG);
- EU law requirements concerning international protection and family reunification, especially Directive 2003/86/EC.
Insofar that special categories of personal data is being processed, the processing is based on Article 9 (2) (g) GDPR in conjunction with the relevant legal provisions.
Possible recipients of the data
If necessary for the respective fulfillment of the task, the processed data may be transmitted to the named recipients in accordance with the provisions of the NAG. In the case of family reunification, those recipients are in particular:
- Austrian representative authorities;
- Austrian administrative courts;
- Security authorities;
- Interpreters.
Duration of storage of data
Your personal data will be stored only for as long as it is necessary to fulfill the legal obligations and retention requirements; especially in accordance with the applicable legal documentation, archiving, and deletion requirements under the relevant provisions of the NAG.
Rights of the data subject
Subject to the legal provisions, you have the right to:
- access information about the processed personal data (Article 15 GDPR);
- rectification of incorrect data (Article 16 GDPR);
- erasure of personal data (Article 17 GDPR).
A restriction of processing or an objection to the processing of data is not possible pursuant to Section 34 (3) NAG.
Right to lodge a complaint
If you believe that the processing of your personal data violates data protection regulations, you have the right to lodge a complaint with the supervisory authority.
In Austria, this is the Austrian Data Protection Authority:
Österreichische Datenschutzbehörde
Barichgasse 40–42
1030 Vienna, Austria
e-mail: dsb@dsb.gv.at
Provision of data
The provision of personal data is necessary within the framework of your legal obligations to cooperate in the family reunification proceedings. You are obliged to provide data and documents necessary for the proceedings and to cooperate in establishing the relevant facts. If the required data is not provided, the application may potentially not be processed or may not result in a positive decision.