Manhunts and Data Protections From the Police Perspective (From Moeglichkeiten und Grenzen der Fahndung - Arbeitstagung des Bundeskriminalamtes Wiesbaden, P 63-77, 1980 - See NCJ-78924)

• NCJ Number: 78929
• Author(s): G Ermisch
• Date Published: 1980
• Length: 14 pages
• Publication Format: Document
• Language: German
• Country: West Germany (Former)
• Note: Lecture given at Working Conference of the Federal Bureau of Criminal Matters, November 12-15, 1979.

Annotation

Data needs for large-scale searches by West German police and data protection laws affecting police work are discussed.

Abstract

Societal changes such as increased mobility, urbanization, and the loosening of family bonds, as well as the growth of terrorism have rendered classical methods for police searches ineffective. Data processing has thus become an important instrument in police searches. However, data protection legislation has been passed to protect citizens from violations of their fundamental rights through police operations. According to the West German data protection law, personal data can only be stored and transmitted if they are essential to the performance of the responsibilities of the storing or transmitting agency. In general, police measures for both prevention and repression are not acceptable if the measures affect individual rights, are extreme, and have effects beyond the police. Thus, while police are routinely allowed to store personal data for searches, transfer of the data from one police location to another may be regarded as misuse. A central index of persons has been created by the Federal Office of Investigation to coordinate exchange of personal information on crime suspects between regional offices and to assure that information is erased at the proper time. Information about private citizens who are checked in the course of police work is not stored for future use. Data of police may be made available to other public agencies which need the information to meet their responsibilities. Thus, the residential registration office and the traffic authorities may permissibly compare their personal information with that of the police to prepare for mass searches. Only in very rare cases is data exchange with private organizations admissible. In general large-scale searches, for example, hotel records may be checked against police records, and utility usage records may be checked according to particular criteria as a means of detecting possible offenders. After search operations are complete, such data are destroyed. Use of computer data in this manner is only allowed for violent crimes when there are concrete reasons for selecting a particular method or region for a search. The text of a discussion following delivery of the paper is included.