Section 479 Ex officio data transmission (1) Personal data from criminal proceedings may be transmitted ex officio to the
prosecuting authorities and criminal courts for the purpose of criminal prosecution,
as well as to the competent authorities and courts for the purpose of prosecuting
regulatory offences insofar as these data are, in the transmitting agency’s opinion,
necessary therefor.
(2) The ex officio transmission of personal data from criminal proceedings is also
admissible where knowledge of such data is, in the transmitting ag
ency’s opinion,
necessary to
1.
enforce penalties or measures within the meaning of section 11 (1) no. 8 of
the Criminal Code or to enforce or implement disciplinary measures for
juvenile offenders or disciplinary measures within the meaning of the Youth
Courts Act,
2.
enforce measures involving deprivation of liberty,
3.
make decisions in criminal matters, in particular regarding suspension of a
sentence on probation or its revocation, in civil penalty or clemency petition
matters.
(3) Section 477 (1), (2) and (5) as well as section 478 (1) and (2) shall apply
accordingly; responsibility for the admissibility of the transmission shall lie with the
transmitting agency.
Section 480 Provisions on transmission unaffected Special statutory provisions which require or allow the transmission of personal data
from criminal proceedings shall remain unaffected.
Section 481 Use of personal data for police purposes (1) Police authorities may use personal data from criminal proceedings in
accordance with the provisions of legislation on police matters. Prosecuting
authorities and courts may transmit personal data from criminal proceedings to
police authorities or grant inspection of files for the purposes referred to in such
legislation. The data referred to in sentence 2 may also be transmitted by probation
officers if this is necessary to avert an imminent danger to a significant legal right
and there is no guarantee that the authorities referred to in sentence 2 will be able to
supply the data in a timely manner. Sentences 1 and 2 shall not apply in cases in
which the police were exclusively active in protecting private rights.
(2) Use shall be inadmissible insofar as special federal or
Land statutory rules of
usage present an obstacle thereto.
(3) If the police authorities have doubts as to whether the use of personal data
pursuant to this provision is admissible, section 478 (1) sentences 1 and 2 shall
apply accordingly.