8th Section: Data processing
Article 95 Collection of personal data
1 Personal data are from the data subject or to procure for the seen if this method is not endangered or excessively costly.
2 was not the procurement of personal data for the person identified, they must be informed immediately about it. The information can be omitted to protect overriding public and private interests, or be postponed.
Article 96 disclosure and use in a pending criminal proceedings, the criminal authority may order from an independent process personal data for use in another independent method to announce, it is likely if that data can provide important clues.
2 is subject to the notification requirements under Articles 11, 13, 14 and 20 of the Federal Law of 21 March 1997 on measures to preserve the internal security and the provisions of the Federal Act of 7 October 1994 on central criminal police bodies of the Federation.
Article 97 Right to information on pending cases as long as
a process is pending, the parties and the other parties have in accordance with the law they are entitled to access to the file the right to information concerning them processed personal data.
Amending Article 98 Data
1, personal data prove to be incorrect, correct the competent criminal authorities to immediately.
2 immediately inform the authorities to which they have communicated inaccurate data about the correction.
Article 99 of processing and storage of personal data after the procedure
a judge after the conclusion of the procedure, the processing of personal data, the procedure and the legal protection under the provisions of data protection laws of the federal government and the cantons.
2 The duration of retention of personal data following a procedure determined by Article 103
3 is subject to the provisions of the Federal Act of 7 October 1994 on criminal Central bodies of the Federation and the provisions of this Act on official documents and detection of DNA profiles.
Article 95 corresponds to the provision in Article 29 bis, paragraph 2 and 3 BSTP.
Article 96, paragraph 1 corresponds to Article 29 bis, paragraph 4 BSTP. Under this provision, the law enforcement agencies to disclose personal data from independent method for use in other pending cases justified. According to the internal security law, which refers to paragraph 2, etc. is, for certain data, a disclosure requirement for the criminal authorities. Apparently been controversial whether these reporting obligations under internal security law also apply to the criminal authorities (this wording, despite the clear fact lit with article 13, paragraph 1. a LMSI; ambassador pay to see, FF. 2006, p. 1159).
Article 97 regulates the right to information by interested parties in the pending criminal proceedings. The Data Protection Act (DPA) is in accordance with Article 2, paragraph 2 shall not apply to pending proceedings. Entitled to information concerning them processed to obtain personal information, only the parties in accordance with Article 104 and the other parties in accordance with Art 105th And then only in accordance with the access to file law (Article 101). According to Article 102bis was present BSTP request any person in the federal information on them and they Prsonendaten that handles the judicial police.
Article 98 receives from the DSG flowing 'rights to a correction of incorrect data. This should be corrected immediately. According to today for the federal criminal still in force Article 29 bis, paragraph 5 BSTP has made the adjustment to contrast, not later than at the conclusion of the investigation or preliminary investigation. Article 98 addresses only the obvious correction of incorrect data. Consist only of doubt as to the accuracy has to be no immediate correction (see message BBl. 2006, p. 1160).
Article 99 refers to the DSG, which applies after the procedure is generally unrestricted.
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