Definition and Function of the Central Register of Foreigners
The Central Register of Foreigners (AZR) is a central database of the Federal Republic of Germany, which is used to record and manage personal data of foreign nationals who are or have been residing in Germany. The AZR supports authorities in implementing immigration and residence law measures, as well as in carrying out integration and security-related tasks.
Legal Basis of the Central Register of Foreigners
Statutory Basis
The Central Register of Foreigners is maintained on the basis of the Central Register of Foreigners Act (AZRG). This law regulates both the establishment and organization of the register, as well as the access, storage, processing, and transmission of the data stored in the AZR. In addition, it defines the intended purposes, data protection regulations, and requirements for data security.
Intended Purpose
According to § 1 AZRG, the AZR is intended to support authorities, in particular for the enforcement of the Residence Act (AufenthG), the Freedom of Movement Act/EU, the Asylum Act, as well as other migration-related legal provisions. In addition, numerous transmission and information regulations are established for the purposes of internal security, police tasks, fighting terrorism, and serious crime.
Organization and Administration
Responsible Authorities
The Central Register of Foreigners is maintained by the Federal Office for Migration and Refugees (BAMF) as the register authority (§ 2 AZRG). The data are continuously updated and maintained by the state authorities, foreign nationals’ authorities, police offices, and other authorized bodies.
Data Collected
Numerous personal details are stored in the AZR, including:
- Identity data (surname, first name, date of birth, place of birth, gender)
- Nationality/-ies
- Passport and ID data
- Residence status information (e.g. residence permit, tolerated stay, obligation to leave the country)
- Entry and exit data
- Information on marital status and family relationships
- Asylum and protection status as well as relevant procedural information
- Notes on judicial or administrative decisions
- Data regarding integration (e.g. participation in integration courses)
Detailed regulations on the data to be stored are set out in § 3 AZRG.
Data Transmission and Information
Authorities Authorized to Access
Access to the Central Register of Foreigners is strictly regulated by § 10 AZRG. In particular, the following are authorized to access it:
- Foreign nationals’ authorities
- Police authorities and customs offices
- Public prosecutors and courts
- Registration authorities
- Agencies granting social benefits
- Security authorities (e.g. Federal Intelligence Service, Federal Criminal Police Office)
The permissibility of access always depends on the specific purpose and requires a statutory basis.
Data Transmission within Germany and Abroad
The data stored in the AZR can be transmitted to other authorities within Germany and, in certain cases pursuant to § 12 AZRG, to foreign agencies or international organizations, if required to fulfill international obligations or for residence law purposes. Such transmissions are subject to strict data protection requirements and are only permitted under certain conditions.
Rights of Data Subjects and the Right to Information
Every person whose data are stored has the right under § 13 AZRG to request information about the data stored concerning them. They also have the right to the rectification, deletion, or blocking of incorrect or unlawfully processed data, in accordance with data protection requirements.
Protection and Restriction of Data Processing
Data Protection and Data Security
The AZR is subject to the provisions of the General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG), and the specific legal regulations of the AZRG. Data security measures (§ 17 AZRG) ensure that unauthorized access is prevented and personal data are protected against loss, manipulation, or theft.
Retention Periods and Deletion
Data stored in the AZR are retained only for as long as necessary to fulfill the purposes stipulated by law, in accordance with § 14 AZRG. Once they are no longer required, especially after departure, naturalization, or death, the data must be deleted or blocked after prescribed periods at the latest.
Significance and Criticism
Significance for Administration
The Central Register of Foreigners is a central instrument for managing migration and residence issues in Germany. It enables the nationwide availability of relevant information and serves to coordinate between various authorities.
Data Protection Issues and Controversies
There are repeated discussions among experts about the scope, appropriateness, and data protection aspects of the register. Criticism is particularly directed at the broad obligation to record data, long retention periods, and the extensive number of authorities authorized to access. At the European level, the interface between the AZR and European information systems and cross-border data exchange is the subject of regulatory developments.
Reforms and Current Developments
The Central Register of Foreigners is regularly adapted to changing legal and technical requirements, particularly in the context of the digitization of administration, the implementation of EU regulations, and the further development of data protection laws. The legislator continuously reviews the scope of storage, data structure, and transmission paths to ensure efficiency and legal compliance.
Bibliographic References
Legal foundations and further reading:
- Central Register of Foreigners Act (AZRG)
- Act on the Residence, Economic Activity and Integration of Foreigners in the Federal Territory (AufenthG)
- General Data Protection Regulation (GDPR)
- Federal Data Protection Act (BDSG)
- Federal Office for Migration and Refugees: Information about the Central Register of Foreigners
This article provides a comprehensive overview of the Central Register of Foreigners, its legal basis, functions, and significance in German immigration and residence law.
Frequently Asked Questions
Who is permitted to access the data stored in the Central Register of Foreigners and under what conditions?
Access to the data stored in the Central Register of Foreigners (AZR) is strictly regulated by law. Authorization to access is determined mainly by the Central Register of Foreigners Act (AZRG). According to § 10 AZRG, federal and state authorities and public bodies are generally authorized to access the data, provided that knowledge of the data is necessary for the performance of their duties under residence, asylum, or nationality law. These include, in particular, foreign nationals’ authorities, police offices, security agencies, social authorities, and courts. In addition, access may be granted upon application to other authorities or organizations, provided they are legally authorized to process data. Access is always only permitted in the context of the “principle of necessity”, meaning only those personal data may be retrieved that are required for the fulfillment of the specific task. In certain cases, the law also provides for subsequent logging and monitoring of data retrievals.
What types of data are stored in the Central Register of Foreigners?
The Central Register of Foreigners stores a variety of personal data of foreign nationals who live in Germany or enter federal territory. According to § 3 AZRG, the data stored include, among other things: personal details such as name, dates and places of birth, current and previous nationalities, passport and ID data, information on residence status and residence titles (including residence permit, permanent residence permit, tolerated stay), entry and exit data, decisions and conditions under asylum and immigration law, and further information regarding measures under residence law. In some cases, information concerning social law issues is also stored, if relevant. Certain especially sensitive data—such as religious affiliation or political beliefs—may only be stored if this is expressly provided for by law.
How long is data stored in the Central Register of Foreigners and when is it deleted?
The retention period in the AZR depends on legal status and further provisions of the AZRG. In principle, data are deleted in accordance with § 12 AZRG as soon as they are no longer required for the purposes of the register, but at the latest after defined periods, which may vary depending on the purpose and status of residence. For example, data relating to rejected asylum seekers are generally deleted ten years after the last entry, whereas data on persons holding a permanent residence permit are deleted as soon as they obtain a German passport or leave the country permanently. The retention periods are precisely regulated, but extensions or early deletions are possible in individual cases if provided by law. Deletion takes place either automatically or upon application by the data subject.
What rights do data subjects have concerning their data stored in the Central Register of Foreigners?
Data subjects have various rights concerning their data stored in the AZR. Pursuant to Art. 15 of the General Data Protection Regulation (GDPR) in conjunction with § 14 AZRG, they have, in particular, a right of access. This means they can request information about data stored concerning them, the sources and purposes of the storage, and the recipients of this data. Furthermore, data subjects have the right to rectification of incorrect data, to deletion or blocking of unlawfully stored or obsolete data, and the right to restriction of processing, each in accordance with legal requirements. Additionally, a complaint can be lodged with the relevant data protection supervisory authority.
How does the Central Register of Foreigners relate to international notification or data exchange systems?
The AZR is the national register for foreign nationals’ data in Germany; however, there are also interfaces for international data exchange, particularly within the European Union (EU). Specifically, within the framework of the Schengen Information System (SIS) or the Visa Information System (VIS), certain data from the AZR are supplied by German authorities to these international systems, provided there is a legal basis and the purposes of cooperation in migration, border security, or law enforcement require it. Data exchange takes place exclusively in compliance with the relevant data protection regulations and on the basis of corresponding EU regulations or bilateral agreements. In general, affected individuals are not informed about international data exchanges, as in certain security contexts this may be legally excluded.
What penalties are imposed for unauthorized access to the Central Register of Foreigners?
Unauthorized access to the AZR or the abusive processing of the data contained therein constitutes an infringement of the AZRG and, where applicable, the GDPR. Such violations can be punished under disciplinary, administrative, and criminal law. § 25 AZRG expressly provides for fines for negligent or intentional unauthorized data transmissions up to a certain amount. In particularly serious cases, the unauthorized obtaining of personal data may even constitute the criminal offense of a data protection violation according to § 42 BDSG, which can be punished by imprisonment or a fine. In addition, authorities must put in place internal measures such as access logging and access restrictions to prevent unauthorized access.
