Police Data Act

Article 28 (right to rectification and destruction of police data)

1
The data subject shall have the right to obtain from the controller, at his or her written request, rectification of inaccurate police data concerning him or her and, taking into account the purpose of the processing, the right to have incomplete police data completed, including by means of a supplementary declaration. The request shall include the changes to be made.
2
The data subject shall have the right to obtain from the controller, upon his or her written request, the destruction of the police data concerning him or her without undue delay if the data are processed in violation of a legal requirement or to comply with a legal obligation. Instead of destruction, the controller shall ensure blocking if:
a.
the accuracy of the data is disputed by the data subject and the accuracy or inaccuracy cannot be verified, in which case the controller shall inform the data subject before the blocking is lifted, or
b.
records must be preserved as evidence.

The controller shall notify the data subject in writing within four weeks regarding the follow-up to his request.

The controller shall forward the rectification of the incorrect police data to the competent authority from which the data originated.

If the controller has rectified, destroyed or blocked police data, it shall notify the recipients.

Regulations based on this article (delegated regulations)

Policies and circulars that have this article as legal authority

Articles or similar text referring to this article

(01-04-2025)
Origination source
Entry into force
Effective date
Retroactivity
Subject
Signature
Announcement
Chamber documents
Signature
Announcement
Note
2019
modification
2018
Stb. 2018, 401
34889
2018
Stb. 2018, 495
2012
modification
2011
Stb. 2011, 490
32554
2012
Stb. 2012, 129
2008
new-arrangement
2007
Stb. 2007, 300
30327
2007
Stb. 2007, 549