Section 32f
Inspection of files; authorisation to issue statutory instrument
(1) Inspection of electronic files shall be granted by means of making the content of
the file available for retrieval. Upon specific request, inspection of the files shall be
granted by means of inspection of the electronic files on official premises. A hard
copy of the files or a data carrier containing the content of the electronic file shall be
transmitted on the basis of a request, which must include specific reasons, only if
the person making the application has a justified interest therein. Where important
reasons constitute an obstacle to inspection of the files in the manner provided for
under sentence 1, such inspection may also be granted without a request in the
manner provided for under sentences 2 and 3.
(2) Inspection of files which are available in paper form shall be granted by means of
inspection of the files on official premises. Unless precluded for important reasons,
inspection of the files may also be granted by making the content of the files
available for retrieval or by making a copy of the files available to be taken away.
Upon special request, defence counsel or lawyers shall be given the files to take
away for inspection on their own business or private premises, unless this is
precluded for important reasons.
(3) Decisions concerning the manner in which inspection of the files is to be granted
in accordance with subsections (1) and (2) shall not be contestable.
(4) Technical and organisational measures are to be taken to guarantee that third
parties cannot obtain knowledge of the content of the files whilst the files are laid
open for inspection. The name of the person to whom inspection of the files is
granted is to be identified in perpetuity by applying technical measures reflecting the
state of the art to the files retrieved and to transmitted electronic documents.
(5) Persons who are granted inspection of the files may, neither in full nor in part,
publicly disseminate those files, documents, hard copies or copies which were
surrendered to them pursuant to subsection (1) or (2), nor may they be transmitted
or made available to third parties for purposes other than the proceedings in
question. They may use personal data which they have acquired in accordance with
subsection (1) or (2) only for the purpose for which they were granted inspection of
the files. They may use these data for other purposes only if they could be permitted
information about them or inspection of the files for those purposes. Persons who
are granted inspection of the files are to be made aware of the limitations as to use.
(6) The Federal Government shall, by statutory instrument requiring the approval of
the Bundesrat, determine the standards applicable to inspection of electronic files. It
may, by statutory instrument not requiring the approval of the Bundesrat, delegate
this authorisation to the competent federal ministries.
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