Regulation on the nature of the data which may be stored in accordance with § § 8 and 9 of the Federal Criminal Police Act (BKA-Data-Regulation-BKADV)

Unofficial table of contents

BKADV

Date of completion: 04.06.2010

Full quote:

" BKA-Data-Ordinance of 4 June 2010 (BGBl. 716), as defined by Article 2 of the Regulation of 4 June 2010 (BGBl). 716).

Status:

Amended by Art. 2 V v. 4.6.2010 I 716

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 9.6.2010 + + +) 

  

The regulation was adopted as Article 1 of V v. 4.6.2010 I 716 by the Federal Ministry of the Interior with the consent of the Federal Council. She's gem. Article 3 (1) of this Regulation entered into force on 9 June 2010. Unofficial table of contents

§ 1 Personal data of accused persons and other characteristics suitable for identification

(1) Personal data of accused persons within the meaning of Section 8 (1) (1) of the Federal Criminal Law Act (Bundeskriminalamtgesetz) are

1.

Family name,

2.

First names,

3.

birth names,

4.

other names like nicknames,

5.

other name spellings,

6.

other personals such as alias personals,

7.

Family status,

8.

academic degrees,

9.

learned profession,

10.

the work carried out,

11.

School-leaving certificate,

12.

Gender,

13.

date of birth,

14.

birthplace, including circle,

15.

Birth State,

16.

birth region,

17.

Ethnicity,

18.

current citizenship and previous nationalities,

19.

current whereabout and former places of residence,

20.

Residence address and

21.

Date of death.

(2) Other features suitable for identification within the meaning of Section 8 (1) (1) of the Federal Criminal Law Act (Bundeskriminalamtgesetz) are:

1.

light images,

2.

Person descriptions such as

a)

Shape,

b)

size, indicating the nature of its determination,

c)

Weight,

d)

apparent age,

e)

outer appearance,

f)

Shoe size,

3.

special physical characteristics,

4.

languages used,

5.

Voice and language features such as a dialect,

6.

written texts,

7.

Manuscripts and

8.

Information on identity documents such as identity card, passport and other documents supporting the identification of identity (birth, marriage or death certificate).

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§ 2 Further personal data of accused persons and personal data of persons suspected of a criminal offence

(1) Further personal data of accused persons within the meaning of Section 8 (2) of the Federal Criminal Law Act (Bundeskriminalamtgesetz) are

1.

Residence status and residence permit,

2.

information on existing knowledge and skills, such as language skills, skills in the production or handling of explosives and weapons,

3.

Information on means of communication used such as telephone (landline or mobile phone), fax, e-mail address, internet address operated by the accused, static Internet protocol address, dynamic Internet protocol address and related information time stamps as well as service providers,

4.

Information on vehicles and other means of transport used, such as aircraft, watercraft, including registration data for identification of such means of transport,

5.

information on identity documents and other documents relating to a criminal offence and which are to be attributed to the person concerned, such as the number of the registration certificates Part I and Part II of a motor vehicle,

6.

accounts,

7.

information on financial transactions,

8.

information on payment appropriations,

9.

information on assets,

10.

Information on matters which have been the subject or means of the offence, such as weapons, narcotics, counterfeit money, publications,

11.

Information on the nature and specific circumstances of the event, such as:

a)

in addition to the data referred to in Article 8 (1) (4) of the Federal Criminal Police Act, the designation of possible administrative offences, including whether they have been attempted or completed,

b)

Facts, in addition to the data referred to in Section 8 (1) (3) of the Federal Criminal Police Act (Bundeskriminalamtgesetz-Bundeskriminalamtgesetz), in particular, information on the facts, facts, facts and persons who have been found or have been strived for,

c)

Modus operandi and Tatbegehapproximate,

d)

Traces of the accused,

e)

Victim type information,

f)

the outcome of the proceedings, including any additional consequences, measures of improvement and security or decisions on decay and confiscation,

12.

Membership or other relationship with a criminal organization/group of perpetrators, indicating the name and seat of the group and the role within the organization/group,

13.

Relationships with people, group membership,

14.

Relations with institutions, locations, events and things,

15.

Personal information according to § 7 (3) of the Federal Criminal Law Act, which serves the protection of the person concerned, such as "free death" or the self-assurance of the agents acting on their own, such as "armed", "violent", "danger of explosives",

16.

personal references used for investigative support such as "sex offenders", "offenders politically motivated to the left" or "offenders motivated by political right",

17.

Information on religious affiliation, in so far as these are required in individual cases to clarify or combat terrorism,

18.

Information on a current or previous activity in

a)

a vital institution within the meaning of Article 1 (5) of the Law on Security Scrutiny,

b)

a transport or supply system;

c)

a transport or supply facility,

d)

a public transport system, or

e)

an official building,

19.

Process data such as

a)

the date of collection and the date of repayment,

b)

the processing status and the merits,

c)

involved clerks and departments,

d)

cross-references to other operations,

e)

After an aptitude test by the clerk, so-called Merkers, which allow the automated transfer of a data record or parts thereof into other files, and

f)

Additional information for the automated transfer to other files, such as the legal basis after which the delivery to the target file is made,

20.

An indication of a stock in the DNA analysis file,

21.

data relating to the measure which led to the storage, or to the measure supported by the storage, such as its cause, purpose and duration,

22.

information on existing conditions or prohibitions, such as the ban on the use of the house, the ban on contact, the registration requirement, the ban on entry and residence, the prohibition of expulsion, the restriction of passport and staff expulsion,

23.

Status of a person according to police-related definitions such as "Hazardous" or "relevant person",

24.

An indication of a stock in other files,

25.

indication of whether the person concerned is, or has been, a defendant in the proceedings of a federal state which has led to storage, and

26.

Note on existing light image or phantom drawing to the perpetrator.

(2) Personal data of persons suspected of a criminal offence within the meaning of Section 8 (2) of the Federal Criminal Law Act (Bundeskriminalamtgesetz) are

1.

the data referred to in Article 1; and

2.

the data referred to in paragraph 1.

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§ 3 Personal data within the meaning of Section 8 (4) sentence 2 of the Federal Criminal Law Act

Personal data within the meaning of § 8 paragraph 4 sentence 2 of the Federal Criminal Law Act are the data mentioned in § 1 (1) number 1 to 3, 7, 9, 10, 13, 14, 18, 19 and 20, the contact data as well as the telephone and fax number. Unofficial table of contents

§ 4 Personal data of other persons

Personal data of other persons within the meaning of § 8 Paragraph 5 of the Federal Criminal Law Act are the data referred to in § § 1 and 2. Unofficial table of contents

§ 5 Personal data collected in the course of the implementation of recognition service measures

(1) Personal data which have been collected in the course of the implementation of recognition service measures are within the meaning of Section 8 (6) of the Federal Criminal Law Act (Bundeskriminalamtgesetz)

1.

Skin-strip images and basic patterns,

2.

light images,

3.

person descriptions,

4.

special physical characteristics,

5.

Information on identity papers and documents,

6.

traces of skin-strip images as well as the corresponding track number, track name and other trace-management and trace-management data,

7.

Date, occasion, location, legal basis, type, receiving service and regulatory service of the recognition service measure,

8.

the result of a person-determination procedure and

9.

Administrative data such as crime detection, parity identifier, D-number, EURODAC number, finger or hand area designation, photograph number, number of cases, criminal act number, competent national criminal office, telebilded data.

The data referred to in the first sentence may be stored in the data referred to in § 1 (1) (1) to (6), (12) to (20) and § 2 (1) (15), (16) and (19) to (21). (2) In the cases of § 8 (6), first sentence, first alternative to the Federal Criminal Law Act (Bundeskriminalamtgesetz) the data referred to in paragraph 1 may relate to:

1.

Prisoners and in the safekeeping of the penal code in accordance with § § 66, 66a and 66b of the Penal Code,

2.

in a psychiatric hospital in accordance with § 63 of the Penal Code or in an equalising institution under Section 64 of the Penal Code,

3.

persons who have consented in writing to the collection of photographs as well as skin-strip images and to their storage in accordance with § 4a of the German Federal Data Protection Act or the corresponding national provisions,

4.

Foreigners, in so far as they were affected by measures to verify, establish and secure the identity according to § 49 (3) to (5) of the Residence Act,

5.

Asylum claimants and

6.

Prisoners of war.

(3) In the cases of Section 8 (6), second sentence, second alternative, point 2, of the Federal Criminal Law Act, the data referred to in paragraph 1 may, insofar as they may be assigned to a specific person, refer to:

1.

the persons referred to in paragraph 2 (1) to (5),

2.

Missing and unknown helpless people,

3.

Accused persons and persons suspected of a criminal offence within the meaning of § 8 (6) sentence 1 second alternative number 1 of the Federal Criminal Police Act and

4.

Affected by a recognition service according to the laws applicable to the police officers of the federal or state governments.

(4) Paragraph 3 shall apply mutaly to persons whose data collected in the course of the performance of the recognition service shall be transferred to the Federal Criminal Police Office by foreign authorities for the second alternative of the Federal Criminal Police Act (Bundeskriminalamtgesetz) in § 8 (6) sentence 1 (5) Personal data collected in the course of the performance of recognition service measures, in the sense of Section 8 (6) of the Federal Criminal Law Act, are also

1.

DNA identification patterns,

2.

if the DNA identification pattern is derived from traces, including the associated track number, according to the list of asservates, the trace name and the gender of the trace-causing agent,

3.

Additional information to the extent that the finding gives rise, as provided for in

a)

criminaltechnical evaluation of single alleles,

b)

Collection of alleles outside of the specified value ranges or

c)

Explanation of result reviews.

The data according to sentence 1 may be stored

1.

the data referred to in Article 1 (1), points 1 to 3, 12 to 14 and 18;

2.

Data according to § 8 (1) (2) and (4) of the Federal Criminal Police Act and

3.

Process and administration data such as

a)

an indication of the service responsible for carrying out the DNA analysis;

b)

the unique identifier that is automatically allocated for each newly acquired DNA data set,

c)

References to the job numbers recorded in the Federal Criminal Police Office's work processing system

d)

the catalogue field with the entry for which international data is available for DNA data under international law or under an act of the European Union.

(6) In the cases of Section 8 (6), first sentence, first alternative to the Federal Criminal Law Act, the data referred to in paragraph 5 may, insofar as they may be assigned to a specific person, refer to:

1.

Accused

2.

Convicted,

3.

persons treated as such (Article 81g (4) of the Code of Criminal Procedure); and

4.

Persons who have consented in writing to the storage in accordance with § 4a of the Federal Data Protection Act or the corresponding national provisions.

(7) In the cases of Section 8 (6), second sentence, second alternative, point 2 of the Federal Criminal Police Act, the data referred to in paragraph 5, insofar as they may be assigned to a particular person, may refer to the persons referred to in paragraph 6. (8) Paragraph 7 shall apply mutatily to persons whose DNA identification patterns have been transmitted to the Federal Criminal Police Office by foreign authorities for the purposes specified in Section 8 (6) sentence 1 second alternative to the Federal Criminal Police Act. Unofficial table of contents

§ 6 Personal data relating to the investigation of the police and police observation

(1) Personal data relating to the prosecution and police observation within the meaning of Section 9 (1) of the Federal Criminal Law Act (Bundeskriminalamtgesetz) are

1.

the data referred to in § 1,

2.

the data referred to in Article 8 (1) (2) to (4) of the Federal Criminal Police Act;

3.

the data referred to in Article 2 (1) (15) and (16);

4.

additional personal information, such as special knowledge or skills,

5.

Information on the listing of documents such as the tendering authority, the competent service, the occasion and the purpose of the tender, the date of entry, the date of deletion at the time of expiry of the deadline, the region of the search for the search for a search for a search.

6.

digitised documents such as arrest warrants, expulsion orders,

7.

the official registration number of a motor vehicle, the identification number or the external identification of a watercraft, aircraft or container.

(2) The data referred to in paragraph 1 may relate to:

1.

Persons who, for the purpose of prosecution, criminal enforcement, in each case including international legal assistance for this purpose under Section 15 of the Federal Criminal Law Act, and the execution of the penal code are subject in particular to the

a)

Arrest,

b)

Determination of the right of residence,

c)

identification of identity,

d)

Implementation of recognition service measures,

e)

carrying out DNA sample-taking,

f)

Ensuring driving licences and

g)

Enforcement of a driving ban,

2.

Persons who are subject to significant risks for the purpose of defence shall, in particular, be

a)

Detention,

b)

Determination of the right of residence,

c)

control, to the extent permitted by police law,

d)

Implementation of recognition service measures and

e)

carrying out DNA sample-taking,

3.

Persons subject to measures taken for the purpose of carrying out a period of residence or a ban on entry shall, in particular, be

a)

Arrest,

b)

Determination of the right of residence,

c)

Refusal of entry,

d)

Return and return to

e)

Examination of foreign-law measures, and

4.

Persons who are spelled out for police observation.

(3) The data referred to in paragraph 1 (1) and (2) may also relate to items advertised for the investigation or observation of police surveillance

1.

Owner,

2.

Owners,

3.

Damaged and

4.

other people who are in a relationship with the advertised thing, such as lessee.

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§ 7 Personal data for the purpose of proof of persons subject to a judicial detention

Personal data for the purpose of detecting persons who are subject to an illegal act, a deprivation of liberty, in accordance with Section 9 (2) of the Federal Criminal Law Act (Bundeskriminalamtgesetz) are

1.

the data referred to in § 1,

2.

the data referred to in Article 8 (1) (2) to (4) of the Federal Criminal Police Act;

3.

additional personal information such as existing knowledge or skills of the type referred to in Article 2 (1) (2); and

4.

Information on the detention of the person, such as the nature and the cause of the deprivation of liberty, the referral authority, the detention centre, the beginning and the end of the detention.

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§ 8 Personal data of missing persons, unknown helpless persons and unknown persons

Personal data of missing persons, unknown helpless persons and unknown persons in the sense of § 9 paragraph 3 of the Federal Criminal Police Act are

1.

data referred to in Article 1 (1) (1) to (8) and (12) to (20);

2.

further information suitable for identification, such as the data referred to in Article 1 (2), blood group, dental regimens, clothing,

3.

information on the existence of data of the type referred to in § 5;

4.

the data referred to in Article 5 (5);

5.

the data referred to in Article 2 (1) (1) and (15);

6.

information on the event such as the date, location, circumstances and motive of the disappearance, the police service responsible, and

7.

Information on deaths such as death and time.

The data in accordance with § 5 (1) sentence 1 may be used to store personal data and information on the availability of relatives, contact persons and caregivers of the missing person who must be notified in the event of a finding. Unofficial table of contents

§ 9 Files of the Federal Criminal Police Office in accordance with § § 8 and 9 of the Federal Criminal Police Act

(1) The Federal Criminal Police Office (Bundeskriminalamt) conducts files of the Central Office on the basis of § 8 of the Federal Criminal Police Act (Bundeskriminalamtgesetz) for the performance of its tasks.

1.

the collection and evaluation of information on criminal offences with transnational, international or significant significance, and in particular the recognition of interrelations between acts and perpetrators, as well as the Enable daily organizations (delikts-and phenomenal files),

2.

that serve to detect criminal records that either

a)

in the case of the police officers of the federal and state governments on cases of criminal offences with transnational, international or significant importance, and which are responsible for the identification and combating of criminal offences of supranational offenders as well as the to enable the criminal activity of the persons concerned to be shown, or

b)

, the Federal Criminal Police Office is responsible for the investigation of the

(Crime evidence),

3.

The

a)

in the area of politically motivated crime, the prevention of violent clashes and other offences in the event of public events and the transportation of nuclear materials, as well as the prevention of threats to accumulations of violent persons,

b)

the prevention of violent clashes and other offences related to sporting events, in particular football matches, or

c)

The prevention and prosecution of criminal offences with transnational references or of significant importance to the detriment of persons at risk within the meaning of Section 5 of the Federal Criminal Law Act or comparable national police law

(violent data files),

4.

serve the purposes of the recognition service (recognition service files), or

5.

which are used for identification by means of DNA identification patterns (DNA analysis file).

(2) The Federal Criminal Police Office (Bundeskriminalamt) conducts other files of the Central Office on the basis of § 9 of the Federal Criminal Law Act for the performance of its tasks.

1.

the search for and the police observation,

2.

the proof of persons who are subject to an illegal act of deprivation of liberty on suspicion or proof of unlawful deprivation of deprivation (arrest file), as well as

3.

the identification of missing persons, unknown helpless persons and dead persons

are used. Unofficial table of contents

§ 10 Storage of the data in the files of the Central Office

(1) The Federal Criminal Police Office (Bundeskriminalamt) may stipulate in the setting-up order required in accordance with section 34 of the Federal Criminal Law Act that the following data may be stored in a file according to § 9 paragraph 1:

1.

Personal data of accused persons in accordance with § 1 (1),

2.

other characteristics suitable for identification in accordance with Article 1 (2);

3.

the data referred to in Article 8 (1) (2) to (4) of the Federal Criminal Police Act; and

4.

personal data of persons suspected of being a criminal offence, in accordance with Section 2 (2) (1).

(2) The Federal Criminal Police Office (Bundeskriminalamt) may, in the order of enforcement required under section 34 of the Federal Criminal Police Act, stipulate that further personal data may be stored by accused persons as follows:

1.

in a file related to the offence and phenomenal data in accordance with Article 2 (1) (1) to (19) and (23) to (25),

2.

in a criminal case in accordance with Article 9 (1) (2) (a), data pursuant to § 2 (1) (1), (15), (16), (19) and (20),

3.

in the case of a criminal record in accordance with Article 9 (1) (2) (b), data pursuant to § 2 (1) (1), (15) and (16),

4.

in a violent data file, data according to § 2 (1) (1), (13), (15), (21) and (22).

In the case of personal data of persons suspected of a criminal offence, sentence 1 shall apply in accordance with Section 2 (2) (2). (3) The Federal Criminal Police Office may determine the necessary order in accordance with section 34 of the Federal Criminal Police Act, that data in accordance with § 3 in a file relating to a crime and phenomenal nature and by persons who have evidence that they could be the victim of a future offence may be additionally stored in violent data files. (4) personal data of other persons shall be found in paragraphs 1 and 2 Application. (5) The Federal Criminal Police Office (Bundeskriminalamt) may determine, in the order of enforcement required under section 34 of the Federal Criminal Police Act, that personal data collected in the course of the implementation of recognition service measures shall be as follows: may be stored:

1.

in a recognition-service file, data in accordance with § 5 (1),

2.

in the DNA analysis file data in accordance with § 5 (5).

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§ 11 Storage of the data in other files of the Central Office

(1) The Federal Criminal Police Office (Bundeskriminalamt) may stipulate, in accordance with § 34 of the Bundeskriminalamtgesetz (Bundeskriminalamtgesetz), that data according to § 6 (1) (1) to (6) of the Federal Criminal Police Act (Bundeskriminalamt) in a file that is subject to the search for persons or police shall be allowed to be stored. By way of derogation from the first sentence, Article 24 of Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the Schengen Information System shall be governed by Article 24 of Regulation (EC) No 1987/2006. of the second generation (SIS II) (OJ L 327, 28. 4) and calls for tenders pursuant to Articles 26, 32, 34, 36 and 38 of Council Decision 2007 /533/JHA of 12 June 2007 on the establishment, operation and use of the second-generation Schengen Information System (SIS II) ( 63), the nature of the data which the Bundeskriminalamt may process in the national part of the Schengen Information System, in accordance with Articles 20 (2) and (3) and 27 of Council Decision 2007 /533/JHA and Article 20 (2) of the Regulation (EC) No 1987 /2006. (2) The Federal Criminal Police Office (Bundeskriminalamt) may decide, in accordance with § 34 of the Bundeskriminalamtgesetz (Bundeskriminalamtgesetz), that data may be stored in a file according to § 6 (1) (7) of the Federal Criminal Police Act (Bundeskriminalamt) in a file that is subject to (3) The Federal Criminal Police Office (Bundeskriminalamt) can be used in the In accordance with § 34 of the Federal Criminal Police Act (Bundeskriminalamtgesetz), the Federal Criminal Police Office (Bundeskriminalamt) may be required to store data according to § 7 of the German Federal Criminal Police Act (Bundeskriminalamt) in accordance with § 34 of the Federal Criminal Law Act (Bundeskriminalamtgesetz). Set up an order to store data in accordance with § 8 in a file according to § 9 paragraph 2 number 3.