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(1) The data shall be transmitted by means of an automated retrieval procedure or
an automated inquiry and disclosure procedure, in the event of a malfunction of the
data transmission or in cases of unusual urgency by telephone or telefax. The
agencies involved shall guarantee that measures reflecting the state of the art at the
relevant time and which specifically guarantee the confidentiality and integrity of the
data are implemented to ensure data protection and security; where publicly
accessible networks are used, encryption procedures reflecting the state of the art
shall be used.
(2) The specifications for setting up the automated retrieval procedure shall be
determined in accordance with section 10 (2) of the Federal Data Protection Act.
The authority holding the register shall transmit the specifications to the Federal
Commissioner for Data Protection.
(3) Responsibility for the admissibility of each automated retrieval shall lie with the
recipient. The authority holding the register shall examine the admissibility of
retrievals only if there is cause to do so. For every tenth retrieval, a record shall be
made of at least the time, the data retrieved, the retrieving agency’s code and the
recipient’s file reference. The data recorded may be used only to monitor
admissibility of the retrievals and are to be deleted after six months.
(4) Subsections (2) and (3) shall apply accordingly to the automated inquiry and
disclosure procedure.
Section 494
Correction, deletion and blocking of data; authorisation to issue statutory
instruments
(1) The data are to be corrected if they are incorrect. The competent agency shall
inform the authority holding the register without delay of any inaccuracy; it shall bear
responsibility for the accuracy and currency of the data.
(2) The data shall be deleted
1.
if their storage is inadmissible or
2.
as soon as it is evident from the Federal Central Criminal Register that a
court decision or direction given by the prosecuting authority which is
notifiable pursuant to section 20 of the Federal Central Criminal Register Act
has been issued in the criminal proceedings from which the data were
transmitted.
If the accused is finally acquitted, if the opening of main proceedings against him
has been refused with incontestable effect or if the proceedings have been not only
provisionally terminated, the data shall be deleted two years after the proceedings
were concluded, unless notification of further registrable proceedings is given before
the time limit for deletion. In this case, the data shall remain stored until the
requirements for deletion have been fulfilled in respect of all entries. The public
prosecution office shall inform the authority holding the register without delay of the
fulfilment of the requirements for deletion or of the start of the time limit for deletion
pursuant to sentence 2.
(3) Section 489 (7) and (8) shall apply accordingly.
(4) The Federal Ministry of Justice and Consumer Protection shall, with the approval
of the Bundesrat, specify further details in a statutory instrument, including in
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