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(2) The following shall be entered in the register:
1.
the accused’s personal particulars and, where necessary, other
distinguishing characteristics,
2.
the competent agency and
the file reference number,
3.
a detailed description of the offences, including in particular the times and
places of commission of the offences and the amount of potential damage,
4.
the charges, by means of a reference to the statutory provisions,
5.
the initiation of the proceedings as well as the outcome of the proceedings
disposed of at the public prosecution office and in court, including reference
to the statutory provisions.
The data may be stored and modified only in respect of criminal proceedings.
(3) The public prosecution offices shall communicate the registrable data to the
authority holding the register for the purpose referred to in subsection (2) sentence
2. Information from the register of proceedings may only be given to the prosecuting
authorities for the purposes of conducting criminal proceedings. Section 5 (5)
sentence 1 no. 2 of the Weapons Act, section 8a (5) sentence 1 no. 2 of the
Explosives Act (
Sprengstoffgesetz
) and section 12 (1) no. 2 of the Security
Clearance Check Act shall remain unaffected; information concerning the entry shall
be transmitted with the approval of the public prosecution office
which transmitted
the personal data to be recorded in the registry, unless there is reason to fear that
this will jeopardise the purpose of the investigation.
(4) Upon request, the data referred to in subsection (2) sentence 1 no. 1 and no. 2
and, where necessary, no. 3 and no. 4 may, in accordance with
the provisions of
section 18 (3) of the Federal Act on the Protection of the Constitution, also in
conjunction with section 10 (2) of the Military Counterintelligence Service Act and
section 23 (3) of the Federal Intelligence Service Act, also
be transmitted to the
federal and
Land
offices for the protection of the constitution, to the Military
Counterintelligence Office and the Federal Intelligence Service. Section 18 (5)
sentence 2 of the Federal Act on the Protection of the Constitution shall apply
accordingly.
(4a) If the authority holding the register cannot clearly assign a message or request
to a data set, it shall transmit data sets concerning persons with
similar personal
identification data to the requesting agency. Upon successful identification, the
requesting agency shall delete, without delay, all data not relating to the data
subject. If identification is not possible, all transmitted data shall be deleted. The
statutory instrument referred to in section 494 (4) shall limit the number of data sets
which may be transmitted on the basis of one request for information to the number
necessary for making the identification.
(5) Responsibility for the admissibility of transmission shall lie with the recipient. The
authority holding the register shall examine the admissibility of transmission only if
there is a special reason for doing so.
(6) Without prejudice to subsection (3) sentence 3 and to subsection (4), the data
may be used only in criminal proceedings.
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