Article 46 (application to data processing by special investigation services)

• 1

  The provisions laid down in or pursuant to the Police Data Act with regard to the data processing referred to in Sections 10(1)(a) and 12 shall apply mutatis mutandis to the processing of personal data by an official working for a special investigation service as referred to in Section 2 of the Special Investigation Services Act. On the recommendation of Our Ministers and Our Minister whom it also concerns, other parts of the provisions laid down in or pursuant to this Act shall also be declared applicable by order in council mutatis mutandis to the processing of personal data by a public servant employed by a special investigation service, as referred to in Section 2 of the Special Investigation Services Act, or a special investigating officer, as referred to in Section 142(1) of the Code of Criminal Procedure.

• 2

  To the extent that the first paragraph has been applied:

  • a.

    the controller shall make police data available for further processing to investigating officers, as referred to in Articles 141(d) and 142(1) of the Code of Criminal Procedure, insofar as they need them for the performance of their duties;

  • b.

    the data controller of the special investigation service or of the special investigating officer referred to in Section 142(1) of the Code of Criminal Procedure shall make available the data to which the provisions of or pursuant to this Act apply or apply mutatis mutandis to persons authorized in accordance with Section 6(2) to process police data insofar as they need them for the performance of their duties.

  Article 15(2) shall apply mutatis mutandis.

• 3

  By order in council, further rules may be laid down regarding the officials employed by a special investigation service who may be authorized to process police data as referred to in the first paragraph, as well as regarding the management and organization of the special investigation service where they work.