Article 10 (understanding the involvement of individuals in certain serious threats to the rule of law)

• 1

  Police data may be processed specifically for the purpose of understanding the involvement of individuals in:

  • a.

    plotting or committing crimes:

    • 1°.

      as defined in article 67, first paragraph, of the Code of Criminal Procedure, which are planned or committed in an organized manner and which, given their nature or connection with other crimes planned or committed in the organized manner, may constitute a serious breach of the legal order, or

    • 2°.

      punishable by statutory description by imprisonment for eight years or more, or

    • 3°.

      as defined in Article 67, paragraph 1, of the Code of Criminal Procedure, which are designated by order in council and which, given their nature or connection with other crimes committed by the person concerned, constitute a serious violation of the rule of law;

  • b.

    acts that may indicate the plotting or commission of categories of crimes to be designated by order in council that, by their extent or seriousness or their connection with other crimes, pose a serious danger to the legal order;

  • c.

    acts which, by their nature or frequency or the organized context in which they are committed, constitute a serious breach of public order.

• 2

  The processing of police data referred to in paragraph (1)(a) takes place only with respect to:

  • a.

    suspects of the crimes referred to in paragraph (1)(a);

  • b.

    persons in respect of whom there is reasonable suspicion that they are involved in the plotting or commission of the crimes referred to in paragraph 1 (a);

  • c.

    persons who are in a particular relationship to those referred to in subsections a and b;

  • d.

    police officers or special investigating officers as referred to in Article 142, paragraph 1, of the Code of Criminal Procedure.

• 3

  The processing of police data referred to in paragraph (1)(b) takes place only with respect to:

  • a.

    persons, who are involved in the acts referred to in paragraph 1 (b);

  • b.

    persons who are in some relationship to those referred to in subsection a;

  • c.

    police officers or special investigating officers as referred to in Article 142, paragraph 1, of the Code of Criminal Procedure.

• 4

  The processing of police data referred to in paragraph (1)(c) takes place only with respect to:

  • a.

    persons in respect of whom there is reasonable suspicion that they are involved in serious violations of public order;

  • b.

    persons who are in some relationship to those referred to in subsection a;

  • c.

    police officers or special investigating officers as referred to in Article 142, paragraph 1, of the Code of Criminal Procedure.

• 5

  The police data referred to in the first paragraph may, with the consent of an authorized officer, be made available for further processing insofar as this is necessary for another processing referred to in the first paragraph, an investigation referred to in Article 9, a processing referred to in Article 12, or the performance of daily police duties referred to in Article 8.

• 6

  The police data referred to in the first paragraph shall be deleted as soon as they are no longer necessary for the purpose of processing. To this end, the data shall be checked periodically. The data shall be deleted no later than five years after the date of the last processing of data that demonstrates the necessity of processing the police data of the data subject by virtue of the purpose described in the first paragraph.