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Page 215 of 220
1.
section 483 shall be deleted upon conclusion of the
proceedings insofar as
their storage is not admissible under sections 484 and 485,
2.
section 484 shall be deleted to the extent that the examination under
subsection (4) shows that knowledge of the data for the purpose set forth in
section 484 is no longer necessary and their storage is not admissible under
section 485,
3.
section 485 shall be deleted as soon as their storage is no longer necessary
for the administration of proceedings.
(3) Disposal by the criminal prosecution office or, in cases where public charges
have
been preferred, by the court shall be deemed to be a disposal of the
proceedings. If a penalty or other sanction has been ordered, completion of
enforcement or remission shall be decisive. If the proceedings have been terminated
and the termination does not prevent resumption of the prosecution, the
proceedings shall be considered concluded upon expiry of the limitation period.
(4) The storing agency shall examine, within
the established time limits, whether
data stored pursuant to section 484 are to be deleted. The time limits shall be
1.
for accused persons who at the time of the offence were 18 years of age: 10
years,
2.
for juveniles: five years,
3.
in cases of final acquittal, incontestable refusal to open main proceedings
and termination of proceedings which is not merely provisional: three years,
4.
in cases of data stored pursuant to section 484 (1) on persons who had not
reached the age of criminal responsibility at the time of the offence: two
years.
(5) The storing agency may set down shorter examination time
limits in the order to
create data files pursuant to section 490.
(6) If data regarding a person are stored in a data file for other proceedings, deletion
thereof shall not take place until the conditions for deletion have been met in respect
of all entries. Subsection (2) sentence 1 shall remain unaffected.
(7) Instead of being deleted, data
shall be blocked if
1.
there are grounds to believe that the deletion would cause detriment to a
data subject’s interests meriting protection,
2.
the data are needed for ongoing research or
3.
in view of the particular form of storage, deletion is not possible or would be
possible only with disproportionate effort.
Personal data shall also be blocked insofar as they have
been stored only for the
purposes of securing or monitoring data protection. Blocked data may only be used
for the purpose for which deletion has not occurred. They may also be used insofar
as this is indispensable to remedy an existing lack of evidence.
(8) If the storing agency finds that personal data which are inaccurate or which are
to be deleted or blocked have
been transmitted, the recipient shall be informed of
the
correction, deletion or blocking if this is necessary to safeguard a data subject’s
interests meriting protection.
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Page 216 of 220
(9) Instead of deletion of the data, the data carriers shall be given to a
public records
office insofar as specific provisions under the law governing archives make provision
therefor.
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