The data controller (Department VII/Public Order Office/Lost and Found Office) within the meaning of the General Data Protection Regulation (GDPR) and other national data protection laws of the member states, as well as other data protection regulations, is: 

State Capital of Wiesbaden – The City
Administration, Office 31 – Public Order Office, Organizational Unit: 310361 Lost and Found Office of the Registry Office and Citizens’ Service Department, Address: Ellenbogengasse 3-7, 65183 Wiesbaden
Phone: 0611 312120
Email: fundbuerowiesbadende

The Data Protection Officer of the State Capital of Wiesbaden
Hasengartenstr. 25
65189 Wiesbaden
Phone: 0611 313083
Email: datenschutzwiesbadende

We process your personal data in accordance with the provisions of the European General Data Protection Regulation (EU GDPR), the Federal Data Protection Act, and the Hessian Data Protection and Freedom of Information Act (HDSIG).

When handling or recording lost-and-found matters using the fund21, VOIS | Online, and eAkte applications—including Bürgermonitor (storage of documents, files, and documents; electronic archiving), including Fundbüro Deutschland, the personal data of the finder, the personal data of the owner or another authorized recipient, as well as the location of the lost property or the
method of disposal, are collected and stored. The following data is collected: 

• Last Name
• Last name 
• Title/Doctorate
• Street address
• Contact Information
• Date and Place of Birth
• Gender 
• Serial numbers of identification documents
• Issuing Authority
• Details of documents on hand (e.g., bank cards, health insurance cards, tickets, etc.) 
• Legal representative/authorized representative
• Proof of authorization
• Location and date of discovery
• Signatures

Data processing is always carried out in accordance with the GDPR and other data protection regulations.

The processing of personal data under the law of found property is primarily based on the European General Data Protection Regulation (GDPR) in conjunction with the national provisions of the German Civil Code (BGB). 

Data collection and processing are carried out in accordance with Sections 965 through 977 of the German Civil Code (BGB) in conjunction with Article 6(1), first sentence, letter e of the GDPR, as well as in the case of returns or information provided to the authorized recipient, on the basis of your consent in accordance with Article 6(1), first sentence, letter e of the GDPR. This serves to file a lost property report and to enforce your rights regarding found property in accordance with Section 970 BGB (reimbursement of expenses), Section 971 BGB (finder’s fee), § 972 of the German Civil Code (BGB) (right of retention), and § 973 of the German Civil Code (BGB) (transfer of ownership). 

Legal Obligation to Perform Tasks: The recording and processing of lost property, as well as the identification of the owner, are statutory duties of lost property authorities. The legal basis for this is Article 6(1)(c) and (e) of the GDPR. 

National Laws (Law on Lost Property): The GDPR requirements mentioned above are intertwined with Sections 965 through 977 of the German Civil Code (BGB). The BGB governs, among other things, the finder’s duty to report the discovery (Section 965 BGB), the safekeeping and transfer of ownership, and the finder’s reward (Section 971 BGB). 

Consent: For certain voluntary actions, such as returning the item to the rightful owner or providing information, the data subject’s consent pursuant to Article 6(1)(a) of the GDPR serves as the legal basis. 

The purpose of this legally justified data processing is to file a lost property report, to enforce rights arising from the discovery of lost property (e.g., finder’s fee and reimbursement of expenses), and to lawfully return the lost item to its rightful owner.  

Unless an explicit retention period is specified, your personal data will be deleted or blocked as soon as the purpose for which it was stored no longer applies. However, data may be retained beyond this period in the event of a (potential) legal dispute with you or other legal proceedings, or if retention is required by statutory provisions to which we, as the data controller, are subject. Data will also be blocked or deleted when a retention period prescribed by the aforementioned regulations expires, unless further storage by us is necessary and there is a legal basis for doing so. 

Under the law governing found property, the minimum retention period is 3 years from the end of the year following the resolution of the found property matter (return, auction, sale, donation, destruction) in the context of unjust enrichment pursuant to Section 977 of the German Civil Code (BGB). 

For the processing of cash transactions within the Lost and Found Office, the following apply in conjunction with the provisions of the Municipal Cash Management Ordinance (GemKVO), § 37 of the Municipal Finance Ordinance (GemHVO), as amended, and the Mayor’s order of September 8, 2022, regarding “Organization, Management, and Audit of Payment Offices and Cash Advances,” a retention period of ten years applies, beginning on January 1 of the fiscal year following the adoption of the annual financial statements. 

Personal data is stored by the lost and found authority for up to ten years. 

Your data is collected and stored for the purpose of handling the relevant lost-and-found matter internally by the Lost and Found Office of the State Capital of Wiesbaden.
  
Personal data of the data subject will be transferred to other entities if this is required by European or national legislation in EU regulations, laws, or other provisions to which the data controller is subject, or if it is necessary for the fulfillment of the task. 

Following a legal review, other external recipients may include, in justified individual cases:

• West Hesse Police Headquarters, including all police stations 
• Prosecutors’ offices and courts in justified individual cases for the prosecution of criminal matters
• Embassies and consulates in cases involving foreign identification documents  
• All lost and found offices in the Federal Republic of Germany in connection with the forwarding of lost property
• Federal Office of Administration for foreign identification documents 
• Domestic vehicle registration offices, driver’s license offices, registration offices, and passport authorities 

Data transfers to processors:

Processor: Ekom21
KGRZ-Hessen, P.O. Box 110680, 35351 Gießen

Subcontractor: HSH Soft- und Hardware Vertriebs GmbH, Rudolf-Diesel-Straße 2, 16356 Ahrensfelde, Germany 

Hetzner Online GmbH, Industriestraße 25, 91710 Gunzenhausen 

As a general rule, data is not transferred to entities in third countries or to international organizations. 

Should a transfer to a third country be absolutely necessary, its permissibility must be assessed in accordance with Articles 44 et seq. of the GDPR. 

If your personal data is processed, you are a data subject within the meaning of the GDPR, and you have the following rights vis-à-vis the controller: 

You may request information regarding your personal data processed by us in accordance with Article 15 of the GDPR. In your request for information, please specify the nature of your inquiry to help us compile the necessary data. Please
note that your right to access information is restricted by the provisions of Sections 24(2), 25(2), 26(2), and 33 of the HDSIG. 

If the information concerning you is no longer accurate, you may request a correction in accordance with Article 16 of the GDPR. If your data is incomplete, you may request that it be completed. 

You may request the erasure of your personal data in accordance with the provisions of Article 17 of the GDPR and Section 34 of the HDSIG. Your right to erasure depends, among other things, on whether we still need the data concerning you to fulfill our legal obligations. 

Under the provisions of Article 18 of the GDPR, you have the right to request that the processing of your personal data be restricted. 

Under Article 21 of the GDPR, you have the right to object at any time to the processing of your personal data for reasons arising from your particular situation. However, we may not always be able to comply with this request, for example, if we are required by law to process the data pursuant to § 35 HDSIG in the course of performing our official duties. 

If the data processing is based on your consent (Art. 6(1)(a) of the GDPR, Art. 9(2)(a) of the GDPR), you have the right to withdraw this consent at any time with future effect. Please note that the withdrawal does not affect the lawfulness of the data processing carried out on the basis of your consent up until the time of withdrawal; in other words, such processing does not become unlawful retroactively as a result of the withdrawal.  

If you believe that we have failed to comply with data protection regulations when processing your data, you may file a complaint with the data protection supervisory authority pursuant to Article 77 of the GDPR. 

The data protection supervisory authority responsible for us is:
The Hessian Commissioner for Data Protection and Freedom of Information

Gustav-Stresemann-Ring 1
65189 Wiesbaden
Phone: 0611 1408-0
Email: poststelledatenschutz.hessende