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Privacy notice regarding the collection of personal data under the General Data Protection Regulation 


You have contacted the Immigration Appeals Board. The Immigration Appeals Board is therefore sending you this notice to inform you of how the Immigration Appeals Board processes the personal data that the Immigration Appeals Board receives from you or the personal data that the Immigration Appeals Board receives about you from others. The Immigration Appeals Board has received your personal data for one or more of the following reasons:

You have lodged an appeal with the Immigration Appeals Board against a decision made by the Danish Immigration Service (Udlændingestyrelsen), the Danish Agency for International Recruitment and Integration (Styrelsen for International Rekruttering og Integration) or the police; 
You have made a general inquiry to the Immigration Appeals Board; 
You have made a request to the Immigration Appeals Board for access to your appeal case documents; 
You have made a request to the Immigration Appeals Board for access under the General Data Protection Regulation; or
You have contacted the Immigration Appeals Board in your capacity as representative of another person or for the purpose of submitting a brief in a case.

For the purpose of the Immigration Appeals Board’s consideration of your case, the Immigration Appeals Board needs to process personal data about you, including collecting, storing and, in certain circumstances, disclosing your data. All or part of your data will undergo electronic data processing. In this notice, the Immigration Appeals Board informs you of how the Immigration Appeals Board processes your personal data such as your name, civil registration number, contact details, marital status and immigration status in accordance with the General Data Protection Regulation [Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)] and the Danish Data Protection Act [Act No. 502 of 23 May 2018 supplementing the Regulation on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (databeskyttelsesloven)].

Under the General Data Protection Regulation, the Immigration Appeals Board is obliged to provide you with various information when receiving personal data from you (Article 13) or personal data about you from others (Article 14).

The Immigration Appeals Board is obliged to provide you with the following information:

1. The Immigration Appeals Board and the Secretariat of the Immigration Appeals Board are data controllers – how can you contact us?
2. The Immigration Appeals Board has a data protection officer – how can you contact him?
3. The purpose(s) of and legal basis for the processing of your personal data
4. Are you under a statutory obligation to provide your personal data, and what are the consequences of not providing the data? 
5. The categories of personal data concerned
6. The recipients or categories of recipients
7. The transfer of data to recipients in third countries, including international organisations
8. The source(s) of your personal data if the Immigration Appeals Board has not received them from you
9. The retention of your personal data (period/criteria)
10. Your right to withdraw your consent, if provided
11. Your rights with regard to the processing of your personal data by the Immigration Appeals Board
12. Your right to lodge a complaint with the Danish Data Protection Agency

Below the Immigration Appeals Board has elaborated on the information that the Immigration Appeals Board is obliged to provide to you. 

If you have any questions, please do not hesitate to contact the Immigration Appeals Board. You will find the contact details of the Immigration Appeals Board at the bottom of the first page of this document and in section 1 below. 

1. The Immigration Appeals Board and the Secretariat of the Immigration Appeals Board are data controllers – how can you contact us? 

The Immigration Appeals Board and the Secretariat of the Immigration Appeals Board are the data controllers responsible for the processing of your personal data. Our contact details are:

Immigration Appeals Board 
Adelgade 11-13
DK-1304 Copenhagen K
Tel.: + 45 6198 3800  
Email: udln@udln.dk  
Website: www.udln.dk  
Central Business Register (CVR) No.:  36977191

When contacting the Immigration Appeals Board, please state the case number, personal ID and any other information that may help the Immigration Appeals Board identify your personal data processed by the Immigration Appeals Board.
2. The Immigration Appeals Board has a data protection officer (DPO) – how can you contact him? 

The Immigration Appeals Board has a data protection officer. His contact details are: 

Klaus Wind, Data Protection Officer
Slotsholmsgade 10 
DK-1216 Copenhagen K 
Tel.: + 45 6198 4000
Email: dpo@uim.dk 

3. Purpose(s) of and legal basis for the processing of your personal data 

The Immigration Appeals Board processes your personal data for the purpose of making a decision on an appeal that you have lodged with the Board under the Danish Aliens Act (udlændingeloven) or for the purpose of responding to an inquiry that you have made to the Board. 

The legal basis for the processing of your personal data by the Immigration Appeals Board is the Aliens Act, the Data Protection Act and the provisions of the General Data Protection Regulation in Article 6 on general personal data and Article 9 on sensitive personal data. The relevant provisions on the processing of personal data are as follows:

The General Data Protection Regulation: 
- Article 6(1)(a) (consent) 
- Article 6(1)(c) (legal obligation) 
- Article 6(1)(e) (exercise of official authority)

- Article 9(2)(a) (consent)
- Article 9(2)(e) (personal data manifestly made public by the data subject)
- Article 9(2)(f) (legal claims) 
- Article 9(2)(g) (substantial public interest) 

The Data Protection Act:
- Section 8(2)(i) (consent)
- Section 8(2)(iii) (exercise of official authority)

If you make a general inquiry to the Immigration Appeals Board, the legal basis for the Immigration Appeals Board’s processing of your personal data is Article 6(1)(e) of the General Data Protection Regulation (exercise of official authority). In case of access to public documents or a request for access to personal data, the relevant legal basis is Articles 6, 9 and 10, including in particular Article 6(1)(c) (legal obligation) and Article 9(2)(f) (legal claims), of the General Data Protection Regulation and section 8(2)(iii) of the Data Protection Act (exercise of official authority). 

4. Are you under a statutory obligation to provide your personal data? 

You are obliged to provide such information as is necessary to enable the Immigration Appeals Board to make a decision on your appeal. If you do not provide such information, the consequence may be that your appeal is dismissed. You can read more about your obligations to contribute to bringing out the facts of your case in section 40 of the Aliens Act, an extract of which is reproduced on the last page of this notice.  

If you make a general inquiry or a request for access to documents or for access to personal data to the Immigration Appeals Board, you are not obliged to provide your personal data, but please note that your refusal to provide personal data such as your contact details may affect the possibility of the Immigration Appeals Board to consider and respond to your inquiry or request.

5. Categories of personal data concerned

Depending on the circumstances, the Immigration Appeals Board may process the following categories of personal data about you: 

- General personal data such as name, address and personal ID
- Data on criminal convictions and offences 
- Sensitive personal data such as health data 

6. Recipients or categories of recipients 

Upon receipt of your appeal or inquiry, the Immigration Appeals Board will request files for the case as needed from other public authorities, including particularly from: 

- The Danish Immigration Service
- The Danish Agency for International Recruitment and Integration
- Police authorities  

Depending on the circumstances, the Immigration Appeals Board may also disclose your personal data to: 

- The Danish Ministry of Immigration and Integration (Udlændinge- og Integrationsministeriet)  
- The Danish Immigration Service 
- The Danish Agency for International Recruitment and Integration
- The Danish Refugee Appeals Board (Flygtningenævnet)
- The Danish National ID Centre (Nationalt ID-center)
- Local authorities
- The police and the intelligence services
- The Danish Ministry of Justice (Justitsministeriet)
- The Danish Parliament (Folketinget) 
- The Parliamentary Ombudsman (Folketingets Ombudsmand)
- Danish missions abroad (embassies, etc.) 
- International organisations 

7. Transfer of data to recipients in third countries, including international organisations 

Depending on the circumstances, the Immigration Appeals Board may transfer your personal data to recipients outside the EU and the EEA. 

Please be informed that the Immigration Appeals Board may be entitled to transfer your data to such recipients under Article 49(1)(d) and (e) of the General Data Protection Regulation.

8. Sources of your personal data 

The personal data that the Immigration Appeals Board processes about you originate particularly from the following sources: 

- Registers kept within the remit of the Ministry of Immigration and Integration such as the Danish Aliens Register (Udlændingeregistret), IVR-VIS (the Danish visa register) and the Aliens Information Portal (UdlændingeInformationsPortalen)
- Other public authorities such as the Danish Immigration Service and police authorities 
- Publicly accessible sources such as websites and social media 
- The Danish Civil Registration System (the CPR Register)
- eIncome (electronic income registry)
- The Public Information Server (OIS) 

9. Retention of your personal data 

At this stage, the Immigration Appeals Board cannot determine the period of retention of your personal data. However, when determining the retention period of your personal data, the Immigration Appeals Board will take into account criteria such as: 

- The likelihood that your case will be reopened
- The likelihood that an appeal or complaint will be lodged with a national court and/or an international body
- The likelihood that a decision will be made granting a request for access to documents 
- Whether the data are to be retained under the rules on national archives

10. Your right to withdraw your consent 

If you have consented to the processing of your personal data by the Immigration Appeals Board for the purpose of the Board’s consideration of your appeal, you have the right to withdraw your consent at any time by contacting the Board using the contact details given above. 

The withdrawal of your consent will not affect the lawfulness of the processing of your personal data by the Immigration Appeals Board on the basis of your consent up to the time of withdrawal. If you withdraw your consent, the Immigration Appeals Board may therefore continue to process the personal data received up to the time of withdrawal.

11. Your rights 

Under the General Data Protection Regulation, you have a number of rights with regard to the processing of your personal data by the Immigration Appeals Board. If you want to exercise any of your rights, please contact the Immigration Appeals Board. You have the following rights: 

- You have a right of access to the data that the Immigration Appeals Board processes about you and to various other information, including information on the purpose(s) of the processing of your data.

- You have the right to have inaccurate personal data about you rectified. 

- In special circumstances, you have the right to have your personal data erased, including where the data are no longer necessary for the purpose(s) for which they were collected or otherwise processed by the Immigration Appeals Board.

- In certain circumstances, you have the right to have the processing of your personal data restricted. 

- In certain circumstances, you have the right to object to the otherwise lawful processing of your personal data by the Immigration Appeals Board. 

- In certain circumstances, you have the right to receive your personal data in a structured, commonly used and machine-readable format and to have your personal data transmitted from one data controller to another data controller such as another authority without hindrance.

12. Your right to lodge a complaint with the Danish Data Protection Agency 

If you are dissatisfied with the way that the Immigration Appeals Board processes your personal data, you can lodge a complaint with the Danish Data Protection Agency (Datatilsynet). The contact details of the Data Protection Agency are:

Data Protection Agency
Borgergade 28, 5th floor
DK-1300 Copenhagen K
Email: dt@datatilsynet.dk
Website: www.datatilsynet.dk
Tel. +45 3319 3200 

Section 40 of the Danish Aliens Act (udlændingeloven):

40. (1) An alien shall provide such information as is required for deciding whether a permit pursuant to this Act can be issued or revoked or can lapse, or whether the alien is lawfully staying or working in Denmark. When summoned, an alien shall appear in person and, upon request, produce his or her passport or travel document to the authorities processing his or her application pursuant to this Act. The alien must be notified that the information referred to in the first and second sentences hereof may be transmitted to the intelligence services and the public prosecutor under the rules of Part 7a. Other persons who are deemed able to contribute information for the purpose of the consideration of the case may be ordered to provide the information referred to in the first sentence.
(2) [...]  
(3) [...] 
(4) An alien may only demand reimbursement from the immigration authorities of any expenses defrayed by the alien in providing information for the purpose of the consideration of a case under this Act if the authorities have consented in writing to such reimbursement before the information was provided.
(5) [...]
(6) [...]
(7) If a person makes a declaration disclosing information in cases falling within this Act, the immigration authorities may require that such declaration be given as a solemn declaration.
(8) Any person who, by making a false declaration or otherwise assisting or attempting to assist an alien in fraudulently obtaining a residence permit, a registration certificate or a residence card, see section 6, must refund the expenses incurred by the Treasury for that alien’s entry, stay and departure and for the consideration of the immigration case.
(9) An alien may be examined in court for the purpose of obtaining information in matters falling within this Act, see section 1018 of the Danish Administration of Justice Act (retsplejeloven).
(10) [...]
(11) [...]
(12) [...]

Senest opdateret: 18-07-2018

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