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

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

Non-official table of contents

BKADV

Date of issue: 04.06.2010

Full quote:

" BKA-Data-Regulation of 4. June 2010 (BGBl. 716), as set out in Article 2 of the Regulation of 4. June 2010 (BGBl. I p. 716) has been changed "

:Modified by Art. 2 V v. 4.6.2010 I 716

See Notes

Footnote

(+ + + Text Evidence: 9.6.2010 + + +)

for more details.

Regulation was adopted as Article 1 of the V v. 4.6.2010 I 716 issued 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. Non-official table of contents

§ 1 Person data of accused persons and other properties suitable for identification

(1) Person data of accused persons within the meaning of Section 8 (1) (1) of the Federal Criminal Police Act (Bundeskriminalamtgesetz) are
1.
Family Name,
2.
First Name,
3.
Birth Name,
4.
other names such as nicknames,
5.
other name spellings,
6.
other personals such as Alias Personalia,
7.
marital status,
8.
academic degree,
9.
learned profession,
10.
performed work,
11.
school-leaving certificate,
12.
Gender,
13.
Date of Birth,
14.
birthplace including circle,
15.
birth state,
16.
birth region,
17.
ethnicity,
18.
current nationality and previous nationalities,
19.
current location and previous locations,
20.
residential address as well as
21.
date of death.
(2) Other for the identification of appropriate characteristics within the meaning of Section 8 (1) (1) of the Federal Criminal Police Act (Bundeskriminalamtgesetz) are
1.
Lichtbilder,
2.
Person descriptions such as
a)
form,
b)
size specifying the nature of your determination,
c)
weight,
d)
apparent age,
e)
outer appearance,
f)
shoe size,
3.
special physical characteristics,
4.
used languages,
5.
Voice and language features such as a dialect,
6.
authored texts,
7.
Handles and
8.
Information about identity documents such as identity card, passport, and other documents promoting identity determination (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 § 8 paragraph 2 of the Federal Criminal Police Act 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 used means of communication such as telephone (landline or mobile phone), fax, e-mail address, operated by the accused person Internet address, static Internet protocol address, dynamic Internet protocol address and associated time stamp as well as service provider,
4.
Details of used Vehicles and other means of transport, such as aircraft, watercraft, including registration data for identification of these means of transport,
5.
Information on Identity documents and other documents relating to a criminal offence and to be attributed to the data subject, such as the number of the registration certificates Part I and Part II of a motor vehicle,
6.
accounts accounts,
7.
financial transaction details,
8.
Payment Means,
9.
Asset Details,
10.
Information on items that have been the subject or agent of the offence, such as weapons, narcotics, counterfeit money, publications,
11.
Information about the type and specific circumstances of the event, such as
a)
next to the point 4 of § 8 (1) of the Data referred to in the Federal Criminal Police Act (Bundeskriminalamtgesetz), the name of any 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, in particular, information on the crime, the facts, the inherited or the scattered goods, and Involved,
c)
Operandi mode and mode of action,
d)
Tracks of the Accused,
e)
victim type information,
f)
outcome of the procedure, including possible side effects, measures of improvement and protection or decisions on decay and confiscation
12.
Membership or other relationship to a criminal organization/group of perpetrators, specifying the name and seat of the group and role within the organization/group,
13.
Relations with persons, Group membership,
14.
Relations with institutions, locations, events, and stuff,
15.
Personal notes according to § 7 paragraph 3 of the Federal Criminal Law Act, which serve the protection of the person concerned such as "free death" or those of the self-assurance of the Staff members serve as "armed", "violent", "danger of explosives",
16.
Personally-bound notices that serve investigative support such as "sex offenders", "Offenders politically motivated to the left" or "offenders motivated by political right",
17.
Information on religious affiliation, insofar as these are used in individual cases for education or training. Fight against terrorism is required,
18.
Data on a current or previous activity in
a)
a vital institution within the meaning of Section 1 (5) of the Security Inspection Act,
b)
a traffic or utility asset,
c)
a traffic or Supply device,
d)
a public transport or
e)
Office building
19.
process data such as
a)
collection date and Redate,
b)
Edit level and completion notices,
c)
involved Clerks and departments,
d)
Cross references to other operations,
e)
after a Aptitude test by the clerk set up so-called Merkers, which allow automated acquisition of a record or parts thereof into other files, and
f)
Additional information for automated failover to other files, such as the legal basis for delivery to the target file
20.
Note on a stock in the DNA analysis file,
21.
Data about the measure that is stored , or to the action supported by the storage, such as its cause, purpose and duration,
22.
Data on existing conditions or prohibitions such as Prohibition of use, prohibition of contact, registration, prohibition of entry and residence, prohibition of expulsion, passport and staff expulsion restriction,
23.
Status of a person after police definitions such as "Hazard" or "Relevant Person",
24.
Note on a stock in other files,
25.
indication of whether the affected person is or has been taken as a defendant in the procedure of a federal state that 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, in the sense of § 8 paragraph 2 of the Bundeskriminalamtgesetz are
1.
the data mentioned in § 1 and
2.
the in paragraph 1 data.
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§ 3 Personal data within the meaning of Section 8 (4) sentence 2 of the Federal Criminal Law Act

Bundeskriminalamtgesetz) 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. Non-official table of contents

§ 4 Personal data of other persons

Personal data of other persons within the meaning of Section 8 (5) of the The Federal Criminal Police Act is the data referred to in § § 1 and 2. Non-official table of contents

§ 5 Person-related data that has been collected in the performance of discovery service actions

(1) Personal data collected during the execution of recognition service measures, as defined in Section 8 (6) of the German Federal Criminal Police Act (Bundeskriminalamtgesetz) are
1.
Skin Bar Images and Basic Pattern,
2.
Light Images,
3.
person descriptions,
4.
special physical characteristics,
5.
Identity documents and documents,
6.
traces of skin-bar images and the associated Track number, track name and other trace management and trace data,
7.
Date, occasion, location, legal basis, type, receiving service, and
8.
Result of a person-determination procedure and
9.
Administrative data such as crime detection, parity identifier, D-number, EURODAC number, finger or hand surface designation, light image number, number of operations, crime rate number, competent National Criminal Police Office, Telebilddates.
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 paragraph 6 sentence 1 first alternative of the Federal Criminal Police Act, the data referred to in paragraph 1 may refer to
1.
Prison and in the Safekeeping in accordance with § § 66, 66a and 66b of the Penal Code,
2.
in a psychiatric hospital in accordance with § 63 of the Criminal Code or in a descaling institution according to § 64 of the Penal Code,
3.
People who are involved in the collection of photographs and skin-strip images and in their You have given your consent in writing in accordance with § 4a of the Federal Data Protection Act or the corresponding national regulations in writing,
4.
Foreigners, insofar as they are provided by measures to Verification, identification and protection of the identity pursuant to § 49 (3) to (5) of the Residence Act,
5.
Asylum claimants and
6.
prisoners of war.
(3) In the cases of § 8 (6), second sentence, second alternative, point 2 of the Federal Criminal Police Act, the data referred to in paragraph 1 may be used as far as they are concerned. to a specific person, refer to
1.
for the persons referred to in paragraph 2, number 1 to 5,
2.
missing and unknown helpless people,
3.
suspects and people suspected of committing a crime , within the meaning of Section 8 (6), second sentence, second alternative, point 1 of the Federal Criminal Police Act and
4.
Affected by a recognition service according to the Laws applicable to police officers of the Federal Government or the Länder.
(4) Paragraph 3 shall apply mutatily to persons whose data collected in the course of the performance of the recognition service measures the Federal Criminal Police Office by foreign authorities for the purposes of § 8 The second alternative of the Bundeskriminalamtgesetz (Bundeskriminalamtgesetz) has been transmitted to the Federal Criminal Police Office.(5) Personal data collected in the course of the implementation of recognition service measures, in the sense of Section 8 (6) of the Federal Criminal Police Act, are also
1.
DNA identification patterns,
2.
if the DNA identification pattern is derived from tracks, including the According to the list of asservates, the trace number and the gender of the trace causing agent,
3.
Further sources of information, as far as the findings are given, as
a)
criminal assessment of single allele values,
b)
Collection of Parallel values outside of the specified ranges of values or
c)
Explanation of result checks.
data in the first sentence may be stored
1.
the data referred to in § 1, paragraph 1, number 1 to 3, 12 to 14, and 18,
2.
Data by § 8 (1) (2) and (4) of the Bundeskriminalamtgesetz (Bundeskriminalamtgesetz) as well as
3.
Process and administration data such as
a)
the specification of the service responsible for carrying out the DNA analysis,
b)
the unique Identification number that is automatically allocated for each newly acquired DNA data set,
c)
References to the Federal Criminal Police Office's work-processing system Entry numbers and
d)
the catalog field containing the entry for which international data is subject under international agreement or under a legal act of the
the cases of § 8 (6), first sentence, first alternative to the Federal Criminal Police Act (Bundeskriminalamtgesetz), the data referred to in paragraph 5 may, in so far as they are assigned to a specific person, may be assigned to a specific person. , refer to
1.
accused,
2.
Convicted,
3.
persons treated as equal to them (§ 81g paragraph 4 of the Code of Criminal Procedure) and
4.
People who have been treated in the In
cases of § 8 paragraph 6 sentence 1 second alternative no. 2 of the Federal Criminal Law Act, the German Federal Criminal Police Act (Bundeskriminalamtgesetz) may be used for the purposes of the German Federal Data Protection Act (Bundeskriminalamtgesetz
. Data referred to in paragraph 5, insofar as they may be attributed to a particular person, shall 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. Non-official table of contents

§ 6 Personal data on pundits and police observation

(1) Person-related data on pundits and Police observation within the meaning of § 9 paragraph 1 of the Federal Criminal Police Act are
1.
the data mentioned in § 1,
2.
the data referred to in Section 8 (1) (2) to (4) of the Federal Criminal Code (Bundeskriminalamtgesetz),
3.
in § 2 (1) Number 15 and 16 data,
4.
additional person information such as special knowledge or skills,
5.
Details on the notice of the alert such as the tender authority, the expert service, the occasion and the purpose of the tender, the date of entry, the date of deletion at the time of the deadline, Fahndungsregion,
6.
digitized documents such as warrants, expulsion orders,
7.
the official license plate of a motor vehicle, the identification number or external identification of a watercraft, aircraft, or container.
(2) The data as referred to in paragraph 1, refer to
1.
persons according to which, for the purposes of prosecution, criminal enforcement, including international law, Legal assistance for this purpose according to § 15 of the Federal Criminal Police Act, and the penal code is subject in particular to the
a)
arrest,
b)
sojourn determination,
c)
identifying identity,
d)
Implementation of discovery service actions,
e)
performing DNA sampling,
f)
Ensuring driving licences and
g)
Enforcement of a Driving prohibitions
2.
People who are subject to significant risks for the purpose of defence, in particular
a)
Insiding,
b)
sojourn,
c)
Control, as far as allowed by police law,
d)
Implementation of the recognition service and
e)
carrying out DNA sampling
3.
persons for the purpose The implementation of measures to terminate or to enter into travel is subject, in particular, to the
a)
arrest,
b)
sojourn determination,
c)
entry refusal,
d)
Reject as well as
e)
Foreign legal action review, and
4.
People who are spelled out for police observation.
(3) The data referred to in paragraph 1 (1) and (2) may be used in connection with the search for or the police Observation also refers to
1.
Owner,
2.
Owners,
3.
claimant and
4.
other people who are in a relationship to the advertised thing, such as leases.
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§ 7 Personal data for the purpose of detecting persons subject to judicial detention

Personal data on the The purpose of the proof of persons who are subject to an unlawful act, to a judicial detention order, in the sense of Section 9 (2) of the Federal Criminal Police Act are
1.
the data referred to in § 1,
2.
in § 8 (1) (2) to (4) of the Federal Criminal Police Act (Bundeskriminalamtgesetz)
3.
Additional personal information such as existing knowledge or skills of the type referred to in § 2 (1) (2) and
4.
Detention details such as the type and cause of the deprivation of liberty, referral authority, detention centre, start and end of detention.
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§ 8 Personal data of missing persons, unknown helpless persons and unknown dead

Personal data of missing persons, unknown helpless Persons and unknown persons in the sense of Section 9 (3) of the Federal Criminal Police Act are
1.
the following persons mentioned in § 1 (1) (1) to (8) and (12) to (20) Data,
2.
additional information suitable for identification, such as the data referred to in § 1 (2), blood group, dental regimens, clothing,
3.
Information about the existence of data of the kind referred to in § 5,
4.
referred to in § 5 (5) Data,
5.
the data referred to in § 2 (1) (1) and (15),
6.
Event information as the date, place, circumstances and motif of the disappearance, the police department responsible, and
7.
Data on death, such as death and time.
in accordance with § 5 (1) sentence 1, personal data and information on the availability of relatives, contact persons and caregivers of the missing person, who have to be notified in the event of a finding, may be stored. Non-official table of contents

§ 9 files of the Federal Criminal Police Office in accordance with § § 8 and 9 of the German Federal Criminal Law

(Bundeskriminalamtgesetz) (1) The Federal Criminal Police Office (Bundeskriminalamt) The basis of § 8 of the Federal Criminal Law Act for the performance of its tasks files of the Central Office,
1.
which is responsible for the collection and evaluation of information on Offences with transnational, international or significant significance, and which make it possible, in particular, to identify relationships between actions between themselves and to perpetrators as well as perpetrators of crime (delicts and phenomenals). files),
2.
which can be used to detect criminal records that are either
a)
at the Police officers of the federal and state governments are responsible for cases of criminal offences with transnational, international or significant significance and which are responsible for the identification and combating of crimes committed by supremally acting offenders as well as the mapping of criminal offences. of the criminal investigation of the corresponding persons, or
b)
under the jurisdiction of the Federal Criminal Police Office (Bundeskriminalamt) as an investigative authority
3.
a)
in the area of politically motivated Crime to prevent violent clashes and other offences in the event of public events and nuclear transports, 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, especially football matches, or
c)
the prevention and prosecution of criminal offences with transnational references or of significant importance to the detriment of vulnerable persons within the meaning of § 5 of the Federal Criminal Police Act or similar national police laws
(violent 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) on the basis of § 9 of the Federal Criminal Police Act (Bundeskriminalamtgesetz) for the performance of his duties other files of the central office, which are
1.
of the search and police Observation,
2.
the detection of persons who have been subject to an illegal act of deprivation of liberty on suspicion or proof of unlawful deprivation of liberty , as well as
3.
The identification of missing persons, unknown helpless persons, and dead
. Non-official table of contents

§ 10 Storage of the data in the files of the central office

(1) The Federal Criminal Police Office (Bundeskriminalamt) in accordance with § 34 of the Federal Criminal Police Act requires that the following data may be stored in a file according to § 9 paragraph 1:
1.
Person data from defendants in accordance with § 1 paragraph 1,
2.
other characteristics suitable for identification after § 1 (2),
3.
the data referred to in § 8 (1) (2) to (4) of the Federal Criminal Police Act and
4.
Personal data of persons suspected of a criminal offence, in accordance with § 2 paragraph 2, point 1.
(2) The Federal Criminal Police Office may be used in accordance with § 34 of the Federal Criminal Police Act (Bundeskriminalamtgesetz) requires further personal data of accused persons to be stored as follows:
1.
in a delicts-and phenomenal data file according to § 2 (1) number 1 to 19 and 23 to 25,
2.
in a crime proof of crime in accordance with § 9 (1) (2) (a) Data in accordance with § 2 (1) (1), (1), (15), (16), (19) and (20),
3.
in a criminal record according to § 9 (1) (2) (b) Data pursuant to § 2 (1) (1), (15) and (15). 16,
4.
in a violent file data according to § 2 (1) (1), (13), (15), (21) and (22).
For personal data of persons suspected of a criminal offence , in accordance with Article 2 (2) (2), the first sentence shall apply.(3) The Federal Criminal Police Office (Bundeskriminalamt) may stipulate, in accordance with § 34 of the Bundeskriminalamtgesetz (Bundeskriminalamtgesetz), that data in accordance with § 3 in a file relating to a crime and phenomenal period and by persons with whom there is evidence that they are Victims of a future crime may also be stored in violent acts.(4) In the case of personal data of other persons, paragraphs 1 and 2 shall apply.(5) The Federal Criminal Police Office (Bundeskriminalamt) may stipulate, in the enforcement order 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 stored as follows:
1.
in a discovery service data set according to § 5 paragraph 1,
2.
in the DNA analysis file data according to § 5 paragraph 5.
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§ 11 Storage of the data in other files of the The

Criminal Police Office (Bundeskriminalamt) may stipulate in the order of enforcement required pursuant to section 34 of the Federal Criminal Law Act that data in accordance with § 6 (1) (1) to (6) of the Federal Criminal Police Act (Bundeskriminalamt) in a file that is subject to the search for persons or the police observation is 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 June 2006 shall apply to calls for tender. December 2006 on the establishment, operation and use of the second-generation Schengen Information System (SIS II) (OJ L 327, 28.12.2006, p. 4), and calls for tenders pursuant to Articles 26, 32, 34, 36 and 38 of Council Decision 2007 /533/JHA of 12 June 2007, The European Parliament and the Council of 27 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (OJ L 136, 31.7.2007, p. 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 stipulate, in the order of enforcement required under section 34 of the Federal Criminal Law Act, that data may be stored in a file according to § 6 (1), point 7, which shall be subject to the search for things or to the police observation.(3) The Federal Criminal Police Office (Bundeskriminalamt) may stipulate in the erection order required in accordance with section 34 of the Federal Criminal Police Act that data may be stored in the adhesive file in accordance with § 7.(4) The Federal Criminal Police Office (Bundeskriminalamt) may stipulate in the erection order required pursuant to section 34 of the Federal Criminal Police Act that data may be stored in a file according to § 9 paragraph 2 number 3 in accordance with § 8.