Charge filed against managing director of Jobcenter Munich

Staatsanwaltschaft München I
Linprunstraße 25
80097 München

München, June 23, 2014

Dear Ladies and Gentlemen, 

I hereby file a charge against the CEO Martin Musati of the Jobcenter Munich, Orleans Street 50, 81667 Munich for

• infringement of the fundamental rights of free choice of profession and training and the free development of the personality of my daughter,
• unauthorized collection and fraudulent acquisition of the e-mail address and the phone number of my daughter for the purpose of sniffing around on the Social Networks,
• breach of social secrecy act § 35 SGB I, Section 3,
• and violation of the General Equal Treatment Act § 2 paragraph 5 - 8.

Reasons: 

In a letter dated March 5, 2014 a member of the Jobcenter Munich (JC) demanded the presentation of the interim school certificate of my daughter xxxxx (born 00000), who is attending a higher secondary school in Munich since the fall of 2013. My daughter is born in Asia and of Asian-German descent with a German birth certificate. As per German law she falls into the category 'migrant'. 

The JC staff's job title in his correspondence was 'Jobcenter Munich - Employment Agency U25'. In addition, said JC staff curried favor with my daughter by suggesting to help her sign up at the German employment agency's jobs website in order to receive among others the latest jobs offers. 

Excerpt from the letter of JC staff to my daughter: "If you seek a professional training and are not yet signed up for career counseling at the Employment Agency Munich, I will ensure the registration for you. Just get in touch with me. The registration is important for receiving open apprenticeships."

The JC received a school attendance certificate and is well aware since the fall of 2013 that my daughter is attending a FOS school and that school continues until probably the summer of 2015; at full High School Certificate until 2016 (1). She is not looking for work! 

Furthermore, the letter suggests a certain prejudice against migrants in that it proffers to look into the assumed necessity of additional private lessons. In addition, the JC staff voices concerns "whether the desired degree in the summer is achieved." (sic in the correspondence!) 

The insinuated steering of the Jobcenter Munich towards dropping out of school and joining the labor force instead is confirmed in press reports such as 'Spiegel' in 2010. It is further clearly reflected in the report on Germany of 2014 of the 'European Commission against Racism and Intolerance' ECRI on page 10: 

"The registration numbers of children with a migrant background in pre-school facilities, Activities for an accompanying support these children on their education and the number of children attending a Gymnasium (secondary school that prepares students for college attendance) are still insufficient."

It represents a serious interference with the constitutional guarantee to free development of personality, the protection of the family and the free choice of education and it is discriminatory. 

The touting of the 'Federal Employment Agency Job Market' (BAA) represents an interference with the free choice of employment, because the BAA website has very limited offers and not a good reputation. There are significantly better internationally-oriented and industry-specific recruiting websites on the internet. 

The registration"help" is a fraudulent means to acquire personal data such as email address and phone number. With these data the JC can snoop around on the social networks. This has been reported and warned about in the press. 

Two email enquiries with the managing director of the JC Munich on April 18, 2014 and on May 1, 2014 regarding the legal basis of the request went unanswered. Instead, the JC Munich chose to install an automatic email responder in mid-May! This ends with the message "Please note that your email will not be forwarded!" 

I see a clear violation of 

• the fundamental laws Article 2, Article 3, Article 6 and Article 12.
• the (personal data protection) BDSG § 4 a, paragraph 1; § 28 Section 1 Sentence 2, 3 and 5 and § 43 paragraph 2 
• the § 35 SGB I social secrecy
• the General Equal Treatment Act § 2, 5-8 

I therefore ask you to initiate an investigation and to inform me of the outcome of the investigation.


Sincerely,

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 In addition this incident will be followed up with:

• open email to the Federal Ministry of Labour and Social Affairs
• Federal Ministry for Families
• Complaint with the Federal Commissioner for Data Protection 
• Complaint with the Anti-Discrimination Agency

Racism and discrimination will not be tolerated by me!

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(1) If you are slightly confused about the German school system, cheer up, you are not alone. And yes, the school system is crazy and discriminatory.