Article 12 (informants)

• 1

  Police data may be processed for the purpose of monitoring and managing an informant as well as assessing and justifying the use of informant data.

• 2

  The police data referred to in the first paragraph may be made available for further processing under Articles 8, 9 or 10 for a period of up to four months from the date of initial processing.

• 3

  The processing of police data referred to in the first paragraph takes place only with regard to:

  • a.

    informants;

  • b.

    persons about whom informants provide information or with whom informants maintain contacts;

  • c.

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

• 4

  To the extent necessary for the monitoring and management of an informant, police data processed for that purpose may be automatically compared with police data processed under Articles 8, 9 or 10 in order to determine whether links exist between the related data. The related data may be further processed for that purpose.

• 5

  By general order in council, categories of persons can be designated to whom the first, fourth and sixth paragraphs apply mutatis mutandis if the disclosure of police data endangers these categories of persons. The categories of persons about whom police data are processed are thereby designated.

• 6

  Police data processed under paragraphs 1 and 5 shall be destroyed as soon as they are no longer necessary for the purpose of processing. To this end, the data shall be reviewed every six months. The data shall be destroyed at the latest ten years after the date of last processing of data that demonstrates the necessity of processing police data of the data subject pursuant to the purpose referred to in the first and fifth paragraphs.

• 7

  For the purposes of this article, informant means a person who surreptitiously provides an investigating officer with information about criminal offenses or serious violations of public order, which have been or are being committed or carried out by others, which disclosure poses a danger to that person or to third parties.