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Data privacy statement of BCF (englisch)

Englisch translation of the BCF's data privacy statement

Data Protection Policy of the
Bioinformatics Core Facility at Justus Liebig University Giessen

Data is processed by the Bioinformatics Core Facility (hereinafter abbreviated to BCF) of Justus Liebig University Giessen pursuant to data protection regulations, in particular the Regulation of the European Parliament and the Council of 27th April 2016 on the protection of natural persons with regard to processing of their personal data, free flow of data and repealing the Directive 95/46/EC (General Data Protection Regulation –GDPR-) and the Hessian Data Protection and Freedom of Information Act (HDSIG).

I. Name and address of responsible party
The responsible party for the purposes of the General Data Protection Regulation, other national data protection laws of Member States as well as other data protection regulations is:
 
Justus Liebig University Giessen
Legally represented by its president
Prof. Dr. Joybrato Mukherjee
Ludwigstrasse 23
35390 Giessen
Germany
Phone: 0641 99-0
Telefax: 0641 99-12259
E-Mail: praesident
Website: http://www.uni-giessen.de
II. Name and address of data protection controller
The data protection controller of the responsible party is:
 
Justus Liebig University Giessen
Data protection controller
Axel P. Globuschütz
Ludwigstrasse 23
35390 Giessen
Germany
Phone: 0641 99-12230
Telefax: 0641 99-12229
E-Mail: datenschutz
Website: http://www.uni-giessen.de/org/admin/dez/b/1/Datenschutz
 
III. General information on data processing
1. Extent of processing of personal data
Personal data of our users is generally only processed in as far as it is required in order to provide a functioning website and other contents and services. Regular processing of user personal data is conditional on user consent. Exceptions are made in cases where it is not possible to obtain prior consent for practical reasons and data processing is permitted by legal provisions.   
2. Legal basis for processing of personal data
Insofar as a user has given consent to the processing of his or her personal data, the legal basis shall be Art. 6 Para 1 lit. a EU General Data Protection Regulation (GDPR).     
The processing of personal data required in order to fulfil a contract with the concerned person shall be conducted in accordance with Art. 6 Para 1 lit. b GDPR. This shall also apply to necessary pre-contract processing procedures.
Insofar as the processing of personal data is required in order to fulfil a legal obligation binding upon our organisation, Art 6 Para 1 lit. c GDPR shall serve as a legal basis.
In the event that vital interests of the concerned person or another natural person should require the processing of personal data, Art. 6 Para 1 lit. d GDPR shall serve as a legal basis.
If such processing is necessary for safeguarding the legitimate interests of our organisation or those of a third party and the interests, fundamental rights and freedom of the concerned party do not take precedence over the former interest, Art. 6 Para 1 lit. f GDPR shall serve as a legal basis for processing.
3. Data erasure and storage duration
Personal data of the concerned person will be erased or blocked as soon as the purpose of data storage has been fulfilled. Data can also be stored where this is provided for by European or national legislation as laid down in Union regulations, laws or other provisions to which the responsible party is subject. Blocking or erasure of data will be effected on expiry of the storage period specified in the aforementioned standards, unless continued data storage is required for conclusion of a contract or contract fulfilment.

IV. Provision of services and creating log files
Type and extent of data collected varies according to the different services provided by the BCF, as described below.
Central user administration
1. Description and extent of data processing
Central user administration is used for authentication and authorisation of user access to restricted access services.
The following data is collected in the process:
    • First name and surname of user
    • Name of user account (Account / Login)
    • email Address
    • last login
    • in addition for UNIX accounts:
        ◦ UNIX user ID
        ◦ UNIX group membership
        ◦ Date of last password change
        ◦ Password validity period
2. Legal basis for data processing
The legal basis for the temporary storage of data is Art. 6 Para 1 lit. f GDPR.
3. Purpose of data processing
The data stored in the system forms the basis for authentication of users and for authorisation of access to data or services by users.
These purposes define our legitimate interest in data processing according to Art. 6 Para. 1 lit. f GDPR.
4. Duration of storage
When the access authorization expires, the information stored in the user administration is erased.
5. Objection and removal option
Registration in the user administration is mandatory for all users of the BCF in order to perform authentication and authorisation. The user therefore has no contestation option.
Workplace, HPC Cluster and external access
1. Description and extent of data processing
A UNIX account enables users to access workplaces provided by the BCF, to work on the HPC cluster and gain access from other networks via secure access protocols such as SSH.
The following information is stored on every login:
    • User name / UNIX user ID
    • Date and time of login
    • For external access: IP address of requesting computer
    • Login status (successful / incorrect)
On accessing external resources from one of the workplaces the following information is stored:
    • IP address and network port of workplace
    • IP address and network port of target computer
    • Date and time
    • Size of transferred data packet
Access to external resources from one of the HPC computers is via a central proxy service. The following information is collected:
    • IP address of requesting computer
    • Target URL of external resource
    • Request status
    • Transferred data volume
2. Legal basis for data processing  
The legal basis for processing of personal data using cookies is Art. 6 Para. 1 lit. f GDPR.
The legal basis for processing of personal data using cookies for analysis purpose with corresponding consent given by the user is Art. 6 Para 1 lit. a GDPR.
3. Purpose of data processing
Login and access data is collected in order to identify misuse and track unauthorised access attempts.
We collect certain data we need to enable us to identify, investigate and prevent fraud, deception and other violations of the SSA and the applicable laws. This data is used solely for the purpose of identification, investigation, prevention and, where applicable, reaction to such violations and is only stored for the minimum required period specified for this purpose. If the data should indicate an infringement we shall continue to store said data for justification, exercise or defence of legal rights during the applicable limitation period or until a related court case has been resolve. Please note that the specific data stored for this purpose may possibly not be communicated to you should the disclosure compromise the mechanism by means of which we identify, investigate and prevent such infringements.
These purposes define our legitimate interest in data processing according to Art. 6 Para. 1 lit. f GDPR.
4. Duration of storage
The log files are created daily and deleted after 7 days.
5. Objection and removal option
Data is collected for security and legal reasons. The user therefore has no contestation option.

Web-based services
    1. Description and extent of data processing
Every time a page of a web-based service provided by the BCF is called up, data and information from the requesting computer system are automatically stored.
The following data is collected:
    • IP address of requesting computer
    • Date and time of request
    • Access method/function desired by requesting computer
    • Data transferred from requesting computer
    • Access status of web server (file transferred, file not found, command not executed, etc.)
    • Name of requested file
Additionally, the data is stored in a separate log file for each service. This data is not stored together with other personal data.
2. Legal basis for data processing
The legal basis for the temporary storage of data and log files is Art. 6 Para. 1 lit. f GDPR.
3. Purpose of data processing
Temporary storage of the IP address by the system is necessary in order to transfer websites to the user computer. This requires the user IP address be stored for the duration of the session.
Storage in log files safeguards the functionality of the web-based services. The data also serves to optimise the web-based services and safeguard the security of our IT systems. This data is not evaluated for marketing purposes.
These purposes define our legitimate interest in data processing according to Art. 6 Para. 1 lit. f GDPR.
4. Duration of storage
The data is deleted as soon as it is no longer required for the purpose was collected. Where data is collected to provide a web-based service, this is the case when the respective session has ended.
Where data is stored in log files, this is the case after two months at the latest.

5. Objection and removal option
The collection of data for provision of web-based services and data storage in log files is essential for the operation of internet sites. The user therefore has no contestation option.

Cookies
We use cookies to manage interaction of users with our website and web services.

1. Description and extent of data processing
Cookies are text files that are stored in the internet browser or by the internet browser on the user’s computer system. When a user calls up a website a cookie can be stored on the user operating system. This cookie contains a characteristic character string which allows clear identification by the browser the next time the website is accessed.
We use cookies mainly to manage user login to protected areas of the website. Some elements of our internet pages require identification of the browser after a page change.
Depending on the service used, we implement both temporary cookies (for a current session) and persistent cookies which remain on the system after the session has been terminated.

The following data is stored in the cookies and transferred:
    • Language settings
    • Identification of the server handling the request
    • Login information (persistent user authentication for login in protected areas

The user data collected in this way is rendered anonymous and can therefore no longer be assigned to the active user. The data is not stored together with other personal user data.

2. Legal basis for data processing
The legal basis for the processing of personal data using cookies is Art. 6 Para 1 lit. f GDPR.

3. Purpose of data processing
The purpose of using technically required cookies is to simplify usage of websites for the user. Some functions of our internet pages cannot be provided without using cookies, as the browser must still be recognisable following a page change.
We require cookies for the following applications:
    • Acceptance of the selected language settings
    • Identification of the server handling the request for the purpose of error analysis
    • Persistent user authentication for access to protected areas

The user data obtained by the technically required cookies is not used to create user profiles.

These purposes define our legitimate interest in data processing according to Art. 6 Para. 1 lit. f GDPR.

4. Duration of storage, objection and removal options
The use of cookies in internet is standard practice. Most web browsers accept cookies automatically, however it is your decision whether you accept or refuse cookies. You can alter your browser settings to prevent the receipt of cookies or to be informed when you have been sent a cookie. You can refuse cookies by selecting the corresponding browser settings. However, please note that you may in this case not be able to exploit all functions of our web site and web services. Already stored cookies can be deleted at any time, this can be done automatically. If cookies are deactivated for our website, it may not be possible to make full use of all web site functions.
 
Cloud Service
1. Description and extent of data processing
The BCF operates an Infrastructure-as-a-Service Cloud (Iaas) as part of the de.NBI project which can either be accessed via a provided web interface or through REST based web services.
Every time the Cloud is accessed the following data is collected and saved in log files:
    • IP address of requesting computer
    • Date and time
    • Target URL
    • Request type, status and size of reply
    • User ID
    • Project ID
    • Domain ID
Users are identified within the infrastructure solely by means of pseudonymised IDs. Only the user administration components save the following data in addition:
    • ELIXIR ID for accounts bound to ELIXIR-AAI
    • For non ELIXIR accounts additionally
        ◦ User name
        ◦ First name and surname
        ◦ email address
2. Legal basis for data processing
The legal basis for the temporary storage of data and log files is Art. 6 Para. 1 lit. f GDPR.

3. Purpose of data processing
Temporary storage of the IP address by the system is necessary in order to enable delivery of the website to the user computer. This requires the IP address to be saved for the duration of the session.
Data is stored in log files to safeguard the website functionality. The data also helps us optimise the web site and guarantee the security of our IT systems. The data is not evaluated for marketing purposes.
In the case of non ELIXIR accounts, data storage in the user administration permits user identification and ensures communication is possible in case of operative or safety relevant issues.
These purposes define our legitimate interest in data processing according to Art. 6 Para. 1 lit. f GDPR.

4. Duration of storage
The data is erased as soon as the purpose for which it was collected has been fulfilled. Where data is collected to provide the web site, this is the case when the current session is terminated.
Where data is saved in log files, this is the case after two months at the latest.
5. Objection and removal option
Data collection to provide the web site and data storage in log files are essential for the operation of the internet pages. The user therefore has no contestation option.

V. Rights of person concerned
Where your personal data is processed, you are affected as laid down in the GDPR and you have the following rights which can be exercised against the responsible party:
1. Right to information
You can demand confirmation from the controller whether your individual personal data has been processed by us.
If this is the case, you can demand the following information from the controller:
(1) the purposes of the processing for which the personal data was intended;
(2) which categories of personal data were processed;
(3) the recipients or the categories of recipients to whom your personal data was disclosed or will be disclosed;
(4) the scheduled duration of storage of your personal data or, should precise information not be possible, the criteria for determining the storage duration;
(5) the right to rectification or erasure of your personal data, the right to restriction of data processing by the controller or the right to object to this processing;
(6) the right of complaint to a supervisory authority;
(7) all available information on the origin of any personal data which was not obtained from the person concerned;
(8) automated individual decision-making including profiling according to Art. 22 Para 1 and 4 GDPR and- at least in these cases – concrete information on the logic involved as well as the impact and the implications and the intended consequences of this kind of processing for the concerned person.  
You have the right to demand information as to whether the personal data involved will be transferred to a third country or to an international organisation. In this context you can demand to be informed about appropriate guarantees related to the transfer according to Art. 46 GDPR.
This right to information can be limited in as far as it is likely to prevent or seriously hamper implementation of research or statistic endeavours and the limitation is necessary for the fulfilment of the research or statistic purposes.
2. Right to rectification
You have the right to obtain from the controller without undue delay the rectification and/or completion of inaccurate or incomplete personal data concerning yourself.

This right to rectification can be limited in as far as it is likely to prevent or seriously hamper implementation of research or statistic endeavours and the limitation is necessary for the fulfilment of the research or statistic purposes.
3. Right to restriction of processing
You have the right to obtain from the controller restriction of processing where one of the following applies:

        1) the accuracy of the personal data is contested by yourself, for a period enabling the controller to verify the accuracy of the personal data;
        2) the processing is unlawful and you oppose the erasure of the personal data and request the restriction of its use instead;
        3) the controller no longer needs the personal data for the purposes of the processing, but it is required by yourself for the establishment, exercise or defence of legal claims;
        4) you have objected to processing pursuant to Art. 21 Para 1 GDPR pending the verification whether the legitimate grounds of the controller override your grounds.

Where processing has been restricted, such personal data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
If you have obtained restriction of processing pursuant to paragraph 1 you shall be informed by the controller before the restriction of processing is lifted.
This right to restriction of processing can be limited in as far as it is likely to prevent or seriously hamper implementation of research or statistic endeavours and the limitation is necessary for the fulfilment of the research or statistic purposes.
 
4. Right to erasure
a) Obligation of erasure
You have the right to obtain from the controller the erasure of your personal data without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:

        1. the personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed;
        2. You withdraw consent on which the processing is based according to Art. 6 Para 1 lit. a or Art. 9 Para 2 lit. a GDPR and  there are no other legal grounds for the processing;
        3. You object to the processing pursuant to Art. 21 Para 1 GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 Para 2 GDPR;
        4. the personal data has been unlawfully processed;
        5. the personal data has to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
        6. the personal data has been collected in context with the offer of information society services referred to in Art. 8 Para 1 GDPR.

b) Information to third parties
Where the controller has made the personal data public and is obliged pursuant to Art. 17 Para 1 GDPR to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps including technical measures to inform controllers who are processing the personal data that you as the affected person have requested the erasure of any links to, or copy or replication of, this personal data.

c) Exceptions
The right to erasure shall not apply to the extent that processing is necessary
(1) for exercising the right of freedom of expression and information;
(2) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

(3) for reasons of public interest in the area of public health in accordance with Art. 9 Para 2 lit. h and i and with Art. 9 Para 3 GDPR; in so far as the right referred to in section a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 Para 1 GDPR;
(5) for the establishment, exercise or defence of legal claims.

5. Notification obligation
The controller shall communicate any rectification or erasure of personal data or restriction of processing to each recipient to whom the personal data has been disclosed, unless this proves impossible or involves disproportionate effort. The controller shall inform you of these recipients.

6. Right to data portability
In exercising your right to data portability you have the right to have the personal data transmitted directly from one controller to another, where technically feasible. The freedom and rights of third parties may not be impaired in the process.

The exercise of the right to data portability shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.



7. Right of objection
You have the right to object, on grounds relating to your particular situation, at any time to processing of your personal data on the basis of Art. 6 Para 1 lit. e or f GDPR, including profiling based on those provisions.

The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedom or for the establishment, exercise or defence of legal claims.

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

Where personal data is processed for scientific or historical research purposes or statistical purposes pursuant to Art. 89 Para 1 GDPR, you have the right, on grounds relating to your particular situation, to object to processing of your personal data, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

This right of objection can be limited in as far as it is likely to prevent or seriously hamper implementation of research or statistic endeavours and the limitation is necessary for the fulfilment of the research or statistic purposes.

 8. Right to withdraw consent to data processing
You have the right to withdraw your consent to data processing at any time. Such withdrawal of consent does not affect the legality of any data processed on the basis of your given consent prior to withdrawal.
9. Right of complaint to a supervisory authority
Without prejudice to any administrative or judicial remedy you are entitled to lodge a complaint with the supervisory authority, in particular in the Member State of your residence, your workplace or the place of alleged infringement, if you consider the processing of your personal data is not in compliance with the GDPR.


Supervisory authority:
Hessian Commissioner for Data Protection and Freedom of Information
Prof. Dr. Michael Ronellenfitsch
Gustav-Stresemann-Ring 1
65189 Wiesbaden
Phone.: 0611 1408-0, Fax: 0611 1408-611
Internet: https://datenschutz.hessen.de
E-Mail: poststelle@datenschutz.hessen.de