The Police NRW take the protection of your personal data very seriously. Your personal data is processed in strict confidence and in accordance with the statutory provisions. This is part of our commitment to transparency regarding the use and secure storage of your data. We have set out the general information on data processing with regard to the requirements of Section 47 DSG NRW below.
Content
I. Scope of application
II. purposes of data processing
1. general
2. data transfers
3. video surveillance
III. Your rights
1. right of access
2. right to rectification
3. right to erasure
4. right to restriction of processing
IV. Responsibility
V. Data Protection Officer
VI. Right to lodge a complaint
I. Scope of application
The general information on data processing applies to personal data that is collected and (further) processed as part of the activities of the Police in North Rhine-Westphalia and the performance of its duties within the meaning of Section 1 of the North Rhine-Westphalia Police Act (PolG NRW) and Section 35 DSG NRW.
II. Purposes of data processing
1. General
The purposes of data processing are the fulfillment of obligations of the police, which arise in particular from the law on police (PolG NRW) and the relevant procedural law, such as the Code of Criminal Procedure (StPO) and the Act on Regulatory Offenses (OWiG). The provisions of Part 3 of the Federal Data Protection Act (BDSG) also apply accordingly via the reference standard of Section 500 StPO. Accordingly, data processing requires a legal basis or express consent for processing. As part of the cooperation with the Federal Criminal Police Office, personal data is also collected and processed by the Police NRW on the basis of the Federal Criminal Police Office Act (BKAG).
The data processing by the Police NRW is primarily carried out for the purposes of Section 35 para. 1 data protection law in NRW (DSG NRW), i.e. for the prevention, investigation, detection, prosecution or punishment of criminal offenses or administrative offenses, including the protection against and prevention of threats to public security. If the scope of application of Section 35 (1) data protectdion law in NRW (DSG NRW) does not apply, the data processing is subject to the scope of application of the general data protection regulation (GDPR).
Personal data may be processed - even after the respective proceedings have been concluded - to fulfill other statutory tasks, such as for other criminal proceedings or to avert danger.
Examples:
- When answering emergency calls (emergency number 110), both the calling number and data to determine the location are automatically recorded and the calls are recorded by the Police NRW.
- When reporting of criminal and administrative offenses, traffic accident reports or incident reports, personal data is collected and processed.
- For investigative activities e.g. witness interviews and witness statements.e.g. witness interviews and the questioning of the accused, personal data is collected.
- The police process personal data for danger prevention, e.g. of persons who are conspicuous as violent offenders in connection with soccer events.
- We collect personal data with our payment terminal when a warning fine or security deposit is paid.
2. Data transfer
The disclosure or transfer of personal data within the Police NRW or other authorities, courts and constitutional bodies of the state of NRW, other states or the federal government as well as non-public bodies takes place exclusively on the basis of specific legal provisions or with the consent of the person concerned. In this context, we also work together with processors in accordance with Section 52 DSG NRW.
3. Video observation
In accordance with Section 15a (1) PolG NRW, the Police NRW can observe individual publicly accessible locations by means of image transmission and record the transmitted images in order to prevent criminal offenses. The purpose of video surveillance is to detect and prevent criminal offenses at an early stage, minimize the consequences of criminal offenses, ensure evidence-proof criminal proceedings, solve criminal offenses and increase citizens' sense of security. Video surveillance is also made visible to citizens by means of information signs.
III. Your rights
In principle, the Police in North Rhine-Westphalia are responsible for the following in accordance with Sections 22, 32 PolG NRW in connetion with § 54 DSG NRW In connection with Section 50 (3-5) DSG NRW, the Police NRW have their own duty to check whether personal data needs to be rectified, restricted or erased.
If your personal data is processed by the Police NRW, you have the following rights as a data subject under data protection law against the controller in accordance with the DSG NRW.
1. Right to information
You can request information about your personal data processed by the Police NRW in accordance with Section 49 (1) DSG NRW. In your request for information, you should specify your request in order to make it easier for us to compile the necessary data.
- Note on the scope of information with regard to parliamentary committees of inquiry (PUA)
- Personal data from police data processing may become the subject of submission to a PUA insofar as it is covered by the respective subject of the investigation. Such data is submitted on the basis of Parliament's constitutional right of scrutiny, which can also justify interference with the fundamental right to informational self-determination. Such data is withdrawn from access for the performance of police duties as soon as and insofar as it is no longer required for this purpose in accordance with the data processing rules generally applicable to the police. For this reason, the data cannot be searched in the context of requests for information and is therefore not covered by the provision of information.
2. Right to rectification
If the information concerning you is not (or no longer) correct, you can request a rectification in accordance with Section 50 (1) DSG NRW. If your data is incomplete, you can request that it be completed.
3. Right to erasure
You can request the erasure of your personal data under the conditions of Section 50 (2) DSG NRW. However, your right to erasure depends, among other things, on whether the data concerning you is still required by us to fulfill our legal duties.
4. Right to restriction of processing
In accordance with section 50(3) of the NRW Data Protection Act, restriction of processing may take the place of erasure.
However, your aforementioned rights may be restricted in accordance with specific statutory provisions (see Section 49 (4) in conjunction with Section 48 (2) DSG NRW regarding the right of access; Section 50 (2) DSG NRW regarding the right to rectification and erasure).
IV. Responsibility
The police authorities are responsible for the processing of personal data as part of the fulfillment of police duties in accordance with Section 36 no. 9 DSG NRW together with the State Office for Central Police Services NRW (LZPD NRW).
V. Data protection officers
On the data protection officers of the police authorities of the state of NRW.
VI. Right to file a complaint
If you are of the opinion that we have not complied with data protection regulations when processing your data, you can file a complaint with the North Rhine-Westphalia State Commissioner for Data Protection and Freedom of Information (LDI NRW) in accordance with Section 60 DSG NRW, who will examine your complaint.
The LDI NRW can be contacted at the following address:
LDI NRW
Kavalleriestr. 2-4
40213 Düsseldorf
Phone: +49 211 38424-0
Telefax: +49 211 38424-10
Email: poststelle [at] ldi.nrw.de
Internet: www.ldi.nrw.de