NCJ Number
68466
Journal
POLIZEI Volume: 69 Issue: 9 Dated: (SEPTEMBER 8, 1978) Pages: 272-278
Date Published
1978
Length
7 pages
Annotation
PROVISIONS OF WEST GERMAN DATA SECURITY LAWS RELATING TO STORAGE, MODIFICATION, TRANSFER, AND ERASURE BY POLICE ARE EXAMINED, AND AN IMPROVEMENT IS SUGGESTED.
Abstract
THE GERMAN FEDERAL DATA SECURITY LAW ('BUNDESDATENSCHUTZ-GESETZ,' BDSG) IN COMBINATION WITH SPECIAL ARTICLES IN POLICE REGULATIONS AND THE GERMAN CODE OF CRIMINAL PROCEDURE IS VIEWED AS AN ADEQUATE SAFEGUARD AGAINST MISUSE OF POLICE COMPUTER INFORMATION. THE GENERAL PROVISIONS OF THE BDSG APPLY TO POLICE ACTIVITIES IN CASES NOT COVERED BY THE OTHER LAWS. FURTHERMORE, THE BDSG CONSIDERS STORAGE, MODIFICATION, TRANSFER, AND ERASURE OF DATA AS SEPARATE ACTIVITIES AND REQUIRES CONCRETE LEGAL AUTHORIZATION THROUGH THE CODE OR THE POLICE REGULATIONS FOR EACH. ONLY DATA WHICH IS NECESSARY FOR THE PERFORMANCE OF AUTHORIZED DUTIES MAY BE TRANSFERRED FROM ONE POLICE AGENCY TO ANOTHER. THE AGENCY IN POSSESSION OF THE LEGAL AUTHORIZATION IS RESPONSIBLE FOR MONITORING THE DATA TRANSFERRED. DATA ILLEGALLY OBTAINED MAY NOT BE TRANSFERRED AND MUST BE DESTROYED. ALTHOUGH THE BDSG REQUIRES ONLY THE BLOCKING OF DATA NO LONGER REQUIRED TO FULFIL A LEGALLY AUTHORIZED FUNCTION, POLICE REGULATIONS PROVIDE THAT DATA 'CAN' (RATHER THAN 'MUST') BE ERASED AT AN AFFECTED INDIVIDUAL'S REQUEST (1) AFTER HIS IDENTITY HAS BEEN PROVED OR (2) AFTER IT HAS BECOME CLEAR THAT RECIDIVISM IS UNLIKELY. HOWEVER, THE HANDLING OF DATA GATHERED WITHOUT THE INDIVIDUAL'S KNOWLEDGE SHOULD BE IMPROVED. SINCE SUCH PERSONS CANNOT REQUEST THE ERASURE OF THEIR DATA, LEGAL TIME LIMITATIONS ARE SUGGESTED, AFTER WHICH THE DATA WOULD BE AUTOMATICALLY ERASED. FOOTNOTES AND REFERENCES TO SPECIFIC SECTIONS OF LAWS ARE INCLUDED. --IN GERMAN.