Regulation On The Kind Of Data That May Be Stored According To §§ 8 And 9 Of The Federal Criminal Police Office Act

Original Language Title: Verordnung über die Art der Daten, die nach den §§ 8 und 9 des Bundeskriminalamtgesetzes gespeichert werden dürfen

Read the untranslated law here: http://www.gesetze-im-internet.de/bkadv/BJNR071610010.html

Regulation about the kind of data stored according to §§ 8 and 9 of the law of the Federal Criminal Police Office (BKA data regulation - BKADV) can BKADV Ausfertigung date: 04.06.2010 full quotation: "BKA data regulation by June 4, 2010 (BGBl. I p. 716), by article 2 of the Decree of 4 June 2010 (BGBl. I p. 716) is changed" stand: amended by art. 2 V v. 4.6.2010 I 716 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from) : Light +++) Regulation as article 1 of the V v. 4.6.2010 I 716 by the Federal Ministry of the Interior with the approval of the Federal Council issued. It is according to article 3 paragraph 1 of this V on the light came into force.

Article 1 personal data by accused persons and other characteristics suitable for identification (1) point 1 of the law of the Federal Criminal Police Office are personal data of defendants in terms of article 8, paragraph 1 1 family name, 2. given name, 3 birth name, 4. other names such as nicknames, 5 different name spellings, 6 other personal data such as alias personal data, 7 marital status, 8 degree, 9 learned profession, 10 activities, 11 high school, 12 sex, 13 date of birth , 14 place of birth including District 15 State of birth, 16 birth region, 17 ethnicity, 18 current nationality and previous nationalities, 19 current whereabouts earlier whereabouts, 20 residential address, and 21 date of death.
(2) other characteristics suitable for identification in the sense of § 8 paragraph 1 No. 1 of the law of the Federal Criminal Police Office are 1 photographs, 2nd person descriptions such as a) shape b) size, specifying the nature of their finding, c) weight, d) apparent age, e) outer appearance, f) shoe size, 3 special physical features, 4. used languages, 5. voting and language features like a dialect, 6 written texts, 7 manuscripts and 8 information to identity documents such as passport , Passport and other promoting the identification certificates (birth, marriage or death certificate).

§ 2 more personal information from accused persons and personal data of persons, a crime suspect more personal information from accused persons in the sense of § 8 paragraph 2 of the Federal Criminal Police Office Act are (1) skills in manufacturing or in the handling of explosives and weapons, 3. details of used means of communication such as telephone (landline or mobile phone) are 1 status of residence and stay occasion, 2. information to existing knowledge and skills such as language skills, , Fax, email address, powered Internet address, static Internet Protocol address, dynamic Internet Protocol address and associated time stamp as well as service providers, 4th are information on used vehicles and other means of transport such as aircraft, ships, boats, including the registration data for the identification of this means of transport, attributable to 5 information on identity documents and other documents, which are in connection with a criminal offence and of the person concerned by the accused, such as the number of registration certificates part I and part II of a motor vehicle , 6 information on accounts, 7. information about financial transactions, 8 concerning means of payment, 9 were information on assets, 10 details of things, the subject or means of the crime, such as weapons, narcotics, counterfeit money, publications, 11 information type and specific circumstances of the offence as a) in addition to article 8 paragraph 1 referred to in number 4 of the Federal Criminal Police Office Act data the designation of any offences including , whether they have been attempted or completed, b) facts, in addition to the referred to in article 8 paragraph 1 No. 3 of the Federal Criminal Police Office Act data in particular regarding fact places, adapted devices, mostly or erstrebtem goods and involved, c) modus operandi and indeed committing way, d) traces of the suspect, e) indicated the victim type, f) outcome of the case, including possible side effects, precautions to recovery and backup or decisions about the decline and recovery , 12 affiliation or other relationship to a criminal organisation/perpetrator Group stating the name and seat of the Group and role within the organization/group, 13 relations with individuals, group membership, 14 relations with institutions, places, events and things, 15 personal notes in accordance with § 7 paragraph 3 of the law of the Federal Criminal Police Office, which serve the protection of the data subject such as "Suicide threat" or the equity securing the investigating officials serve as "armed" , "violent", "Explosive danger", 16 personal notes, used discovery support such as "Sex offender", "Politically motivated offenders" or "Delinquents motivated politically right", 17 information for the religious affiliation, as far as these in individual cases to the investigation or are required 18 regarding a current or previous occupation in a fight against terrorism,) a vital institution within the meaning of section 1 paragraph 5 of the security review law, b) a transport or supply system , c) a transport or utility, d) a means of public transport or e) an office building, 19 operation data such as a) entry date and date of resubmission, b) status and registration notices, c) involved officers and departments, d) cross-references to other operations, e) after an aptitude test by the clerk used so-called Merker, which automated the acquisition of a record or of parts thereof in other files enable and f) additional information for automated transfer to other files, such as the legal basis , according to the delivered to the target file, data to the measure, which has led, for storage or by storage supported 20 note on a stock in the DNA AnalyseDatei, 21 measure as their reason, purpose and sunset, 22 information to existing requirements or prohibitions such as barred, contact ban, report, entry - and ban on residence, exit prohibition, passport and ID restriction, 23 status of a person after police technical definitions, such as "Gefährder" or "relevant person" , 24 note on a stock in other files, 25 indication of whether the person concerned in the proceedings of a federal country which has led to the storage occurs as suspect or was, and 26 note on existing photograph or drawing of the phantom to the offender.
(2) personal data of individuals who are suspected of a criminal offence in the sense of § 8 paragraph 2 of the law of the Federal Criminal Police Office are 1 the data referred to in article 1, and 2. the data referred to in paragraph 1.

§ 3 personal data within the meaning of article 8 (4) sentence 2 of the Federal Criminal Police Office Act personal data within the meaning of article 8 (4) sentence 2 of the Federal Criminal Police Office Act are the data in section 1 subsection 1 serve number 1 to 3, 7, 9, 10, 13, 14, 18, 19 and 20 above, contact, as well as the telephone and fax number.

§ 4 personal data of other people personal information of other persons within the meaning of § 8 paragraph 5 of the law of the Federal Criminal Police Office are the data referred to in §§ 1 and 2.

§ 5 personal data which are collected (1) personal information, which have been made in the implementation of erkennungsdienstlicher measures in the implementation of erkennungsdienstlicher measures within the meaning of article 8 paragraph 6 of the law of the Federal Criminal Police Office are 1 skin bar images and patterns, 2 photographs, 3rd person descriptions, 4 special physical features, 5 information to documents and certificates, 6 traces of skin bar images as well as the corresponding number of traces, tracks label and more Spurenverwaltungs and process data of traces of , 7 date, occasion, place, legal basis, nature, receiving services and issuing authority of the criminal action, 8 result of a person finding process and 9 administrative data such as offence ID, Partionskennung, D number, EURODAC number, finger or Palm designation, photo number, operation number, criminal case number, competent Landeskriminalamt, tele image data.
To the data referred to in sentence 1, you may number 1 to 6 in section 1 subsection 1, 12 to 20 and article 2 paragraph 1 number 15, 16 and 19 to 21 above data will be stored.
(2) in the cases of § 8 paragraph 6, sentence 1 first alternative of the Federal Criminal Police Office Act allowed the data referred to in paragraph 1 relating to 1 prisoners and in the backup storage according to §§ 66, 66a and 66 b of the Penal Code housed, 2nd in a psychiatric hospital under section 63 of the criminal code or housed in an institution of withdrawal according to § 64 of the Penal Code, 3 people, in the collection of photographs, as well as skin bar images and storing them in accordance with Section 4a of the Federal data protection act or the corresponding national regulations in writing agreed 4. foreigners, have if they § 49 paragraph 3 to 5 of the residence Act were affected by measures to review, identify and secure the identity after, 5. asylum-seekers and 6 prisoners of war.
(3) in the cases of § 8 paragraph 6, sentence 1, the data referred to in paragraph 1 may second alternative number 2 of the Federal Criminal Police Office Act, insofar as it can be associated with a specific person, in paragraph reference referred 2 number 1 to 5 persons, 2 1 missing and unknown helpless persons, 3.
Accused persons and persons who are suspected of a criminal offence, in the sense of § 8 paragraph 6, sentence 1 second alternate number 1 of the law of the Federal Criminal Police Office and 4 concerned of a criminal treatment under the law for the police forces of the Federation or of the countries.
(4) paragraph 3 shall apply accordingly for persons whose data collected in the implementation of erkennungsdienstlicher measures purposes has been sent by foreign authorities for the of the Federal Criminal Police Office law alternative second in article 8, paragraph 6, sentence 1 to the Federal Criminal Police Office.
(5) personal data which are collected, in the sense of § 8 paragraph 6 of the law of the Federal Criminal Police Office are in the implementation of erkennungsdienstlicher measures in addition, 1 DNA identification patterns, 2 If the DNA identification patterns of tracks, and the associated number of traces according to evidence directory, the tracks name and gender of the polluter of of traces of, 3. additional information, as far as the finding raises, such as information on the a) forensic evaluation of single allele values, b) detection of allele values outside the given value ranges or c) explanation of result checks.
To the data referred to in sentence 1 may which stored 1 in article 1 paragraph 1 number 1 to 3, 12 to 14 and 18 mentioned data, 2. data according to § 8 paragraph 1 number 2 and 4 of the Federal Criminal Police Office Act as well as 3 process and administrative data such as a) specifying the responsible for conducting DNA analysis services, b) the unique reference number assigned automatically for each newly acquired DNA record , c) references to task IDs recorded in the process management system of the Federal Criminal Police Department) and (d) the catalog field with the entry, for which international data balances according to international agreement or on the basis of a legal act of the European Union are the DNA data available.
(6) in the cases of § 8 paragraph 6, sentence 1, first alternative of the Federal Criminal Police Office Act allowed the data pursuant to paragraph 5, as far as they can be associated with a specific person, persons related them to 1 accused, 2nd offender, 3. (§ 81 g paragraph 4 of the code of criminal procedure) and 4 individuals who have consented in writing to the storage in accordance with Section 4a of the Federal data protection act or the corresponding national regulations.
(7) the data referred to in paragraph 5 may in the cases of § 8 paragraph 6, sentence 1 second alternative number 2 of the law of the Federal Criminal Police Office, as far as they can be associated with a specific person, apply to the persons referred to in paragraph 6.
(8) paragraph 7 shall apply accordingly for people whose DNA-identifying patterns purposes has been sent by foreign authorities for the of the Federal Criminal Police Office law alternative second in article 8, paragraph 6, sentence 1 to the Federal Criminal Police Office.

§ 6 personal data to the police and police observation (1) personal data to the police and police observation in the sense of article 9 paragraph 1 of the Federal Criminal Police Office law are 1 the data referred to in article 1, 2. in article 8 paragraph 1 number 2 to 4 of the Federal Criminal Police Office Act referred data, 3. in article 2, paragraph 1 number 15 and 16 mentioned data, 4. additional personal information such as special knowledge or skills , 5. stated to search listing like tender authority, thing-processing services, occasion and purpose of the tender submission date, deletion date upon expiry, Manhunt region, 6 digitized documents such as arrest warrants, deportation orders, 7 the registration plates for a motor vehicle, identification number or external marking of a vessel, aircraft or container.
(2) which may be data referred to in paragraph 1 who refer to 1 according to which for the purposes of law enforcement, the enforcement of penalties, and including the international mutual legal assistance for this purpose according to article 15 of the law of the Federal Criminal Police Office, and criminal search is particular to the a) arrest, b) stay discovery, c) identification, d) criminal actions, e) implementation of DNA sampling, f) securing of driver's licenses and g) enforcing a ban , 2 persons, which for the purposes of the significant dangers will search in particular to the a) detention, b) stay discovery, c) control, permitted so far by police law, d) implementation erkennungsdienstlicher measures and e) implementation persons, is search of DNA sampling, 3 according to which for the purpose of implementing stay-ending or entry-proof measures in particular to the a) arrest, b) stay discovery, c) refusal of entry, d) expulsion as well as to the e) ausländerrechtlicher measures , and 4 individuals who are written out to the police monitoring.
(3) the data referred to in paragraph 1 may number 1 and 2 in connection with Interpol or observing police others refer to 1 owner, 2 owners, 3 injured and 4 advertised stuff also persons who are in a relationship to the advertised item, as lessee.

§ 7 personal data for the purpose of detection of persons, that a judicial assigned detention are subject to personal data for the purpose of the detection of persons who are subject to because of suspicion or proof of an unlawful act, a judicial ordered detention, in the sense of article 9 paragraph 2 of the law of the Federal Criminal Police Office, the data referred to in § 1, 2 are 1 in article 8 paragraph 1 number 2 to 4 of the Federal Criminal Police Office Act data referred to , 3. additional personal information such as existing knowledge or skills in § 2 paragraph 1 number 2 above art and 4. information to arrest listing such as type and reason of his detention, permit authority, prison, start and end of detention.

§ 8 personal data missing, unknown helpless people and unknown dead personal information missing, unknown helpless people and unknown dead in the sense of article 9 paragraph 3 of the law of the Federal Criminal Police Office is 1 that other number 1 to 8 and referred 12 to 20 data, 2. in article 1, paragraph 1 information that are suitable as the data referred to in article 1(2) to identify , Blood group, dental patterns, clothing, 3. information on the presence of data of the kind referred to in section 5, 4. the data referred to in article 5, paragraph 5 5. in article 2, paragraph 1 No. 1 and 15 referred data, 6. details about the event including date, place, circumstances and motive of the disappearance, competent police and 7 information on case of death as death and time.
To the data referred to in article 5, paragraph 1, sentence 1, personal data and information about the availability of members, contact persons as well as carers and carers of the missing person, who must be notified in the event of finding may be stored.

§ 9 files of the Federal Criminal Police Department after the sections 8 and 9 of the law, Federal Criminal Police Office (1) the Federal Criminal Police Office performs on the basis of article 8 of the law of the Federal Criminal Police Office that the collection and analysis of information to crime with cross-border, international or major importance serve files of the Central Office, 1 for the fulfilment of its tasks and especially the recognition of contexts between acts with each other and to perpetrators and perpetrators organisations allow (delikts - and phenomenon-related files) , 2. the detection of criminal files serve the either a) when the police forces of the Federal and State Governments to cases of crime with cross-border, international or significant importance are arranged and that allow detecting and combating offences of nationally active offenders and the figure of the criminal career of the appropriate people, or b) (evidence of criminal acts) are placed within the jurisdiction of the Federal Criminal Police Department as an investigating authority , 3. a) in the area of politically motivated crime of preventing violent conflicts and other crimes at public events and nuclear transports, as well as ward off dangers associated with accumulations of violent persons, b) the prevention of violent conflicts and other offences in connection with sports events, in particular with football games, or c) to the detriment of vulnerable persons within the meaning of section 5 of the Federal Criminal Police Office Act or similar State police laws serve (offender files) the prevention and prosecution of offences having cross-border implications or of major importance , 4. the detection service purposes (criminal files) or 5 that are used to identify through DNA identification patterns (DNA analysis file).
(2) the Federal Criminal Police Office leads other files of the Central Office 1 the investigation and police observation, 2. used the detection of persons who are subject to because of suspicion or proof of an unlawful act of a judicial ordered detention (detention file), and 3 identifying missing,-unknown helpless persons and dead on the basis of article 9 of the law of the Federal Criminal Police Office to carry out its tasks.

§ 10 storage of the data in the files of the Central Office (1) the Federal Criminal Police Office in according to § 34 of the Federal Criminal Police Office Act required construction arrangement will determine, that the following data in a file pursuant to section 9 paragraph 1 may be stored: 1. personal data of defendants according to § 1 paragraph 1,
2. other characteristics suitable for identification according to § 1 paragraph 2, 3 in article 8 paragraph 1 number 2 to 4 of the Federal Criminal Police Office Act are the a crime suspect referred data and 4 personal data of persons, in accordance with article 2, paragraph 2, number 1 (2) can the Federal Criminal Police Office according to § 34 of the Federal Criminal Police Office Act required construction arrangement set in, that more personal information from accused persons may be stored as follows : 1 in a delikts - phenomenon-related file data in accordance with article 2, paragraph 1 number of 1 to 19 and 23 to 25, 2nd in the proof of a criminal file pursuant to section 9, paragraph 1 number 2 letter a data in accordance with article 2, paragraph 1 number 1, 15, 16, 19 and 20, 3rd in the proof of a criminal file pursuant to section 9, paragraph 1 number 2 letter b data in accordance with § 2 paragraph 1 number 1 , 15 and 16, 4th in a violent criminals file data in accordance with § 2 paragraph 1 Nos. 1, 13, 15, 21 and 22.
Of personal data of individuals who are suspected of a criminal offence pursuant to article 2 paragraph 2 number 2 is set 1 according to.
(3) the Federal Criminal Police Office can set in the construction arrangement required according to § 34 of the Federal Criminal Police Office Act, that data according to § 3 in a delikts - and phenomenon-related file and of persons where there are, that they might be victim of a future crime, may be stored in addition in offender files.
(4) personal information of other persons the paragraphs apply to 1 and 2 appropriate.
(5) the Federal Criminal Police Office in the according to § 34 of the Federal Criminal Police Office Act required construction arrangement will determine, that personal data which are collected in the implementation of erkennungsdienstlicher measures may be stored as follows: 1. in a criminal file data according to § 5 paragraph 1, 2nd in the DNA analysis file data in accordance with article 5, paragraph 5.

§ 11 storage of data in other files of the Central Office (1) the Federal Criminal Police Office in according to § 34 of the Federal Criminal Police Office Act required construction arrangement will determine, that data in accordance with article 6 paragraph 1 number 1 to 6 in a file that is used to the hunt for people or the police observation, may be stored. By way of derogation from sentence 1 no 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the second generation Schengen information system aimed for tenders referred to in article 24 of Regulation (EC) (SIS II) (OJ L 381 of 28.12.2006, p. 4), as well as for tenders referred to in article 26, 32, 34, 36 and 38 of decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen information system (SIS II) (OJ L 205 of the 7.8.2007, p. 63) the type of data processing in the Federal Criminal Police Office in the national section of the Schengen information system must, according to article 20 paragraph 2 and 3 and article 27 of the Council decision 2007/533/JHA and can set pursuant to article 20 (2) of Regulation (EC) the Federal Criminal Police Office No. 1987/2006 (2) building arranged required by section 34 of the Act of the Federal Criminal Police Office , that data in accordance with § 6 paragraph 1 number 7 in a file may be stored, which serves to things or observing police investigation.
(3) the Federal Criminal Police Office can set in the construction arrangement required according to § 34 of the Federal Criminal Police Office Act, that data in accordance with § 7 in the holding file may be stored.
(4) the Federal Criminal Police Office can set building arranged required by section 34 of the Act of the Federal Criminal Police Office that data pursuant to article 8 in a file pursuant to section 9, paragraph 2 paragraph 3 may be stored.