The GDPR serves to protect the processing of personal data and the free movement of data - especially for private business transactions.
The NRW police are less affected by this regulation, as
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all activities for the purpose of the prevention or prosecution of criminal offenses, including the protection against and the prevention of threats to public security according to Art. 2 para. 2 III of the GDPR are excluded!
For the NRW police, this means the following in future:
- For security and law enforcement activities, the Data Protection Act of North Rhine-Westphalia and the special legal regulations from the Police Act, Weapons Act or BKA Act apply to data processing.
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In contrast, the general regulations on the protection of the processing of personal data in accordance with the GDPR and Part II of the new NRW Data Protection Act apply to purely administrative actions by the police.
General information:
Diverse data processing processes are required for day-to-day police work to accomplish tasks. This involves collecting and storing data and information for police investigations or operations, but also for administrative activities. Among other things, this means searching for and researching people, questioning or interrogating them and forwarding the results of investigations to prosecuting and punishing authorities.
There are various ways to get in touch with us:
- You have filed a complaint with the police, have been questioned or questioned as a witness or accused person?
- You have reported a discovery, accident or other incident?
- You have handed in your driver's license to the police following a driving ban
- You have been investigated by the police for a criminal or administrative offense or you have been questioned by the police as an accused or involved party?
- You have applied to the police for a firearms permit?
- You have applied to the Gütersloh district police authority?
- You have complained to the district police authority?
Basics of data processing:
In the course of police activities, personal data is collected and stored.
Depending on the facts of the case, this usually involves:
Name, surname at birth, first name, date and place of birth, marital status if applicable, nationality, address, telephone number and, if applicable, other addresses of possible crime/incident locations, vehicle data, personal goods with individual data and your descriptions of the facts of the case.
This information is collected and stored for the purpose of documentation and processing in electronic and written form. The processing and use of personal data is carried out in accordance with the data protection provisions of the NRW Police Act, the Code of Criminal Procedure and the NRW Data Protection Act and for the specific purpose of fulfilling police duties (averting danger / criminal prosecution). The police use electronic information and research systems as well as procedures for case and administrative processing for this purpose.
The legal storage regulations from the NRW Police Act apply to this data (§ 22 ff. PolG NRW), the Code of Criminal Procedure (§ 483 ff. StPO), the Weapons Act (§ 43 ff WaffG) and the NRW Data Protection Act (§ 37 ff. DSG NRW).
A transfer to third parties does not take place unless this is necessary for the purpose of fulfilling the task - for example, a transfer to the local public prosecutor's office / competent other authority (e.g. public order or road traffic office).
Rights of the data subjects:
According to § 49 para. 1 DSG NRW, you can request information about the data stored about you by the NRW police (here: the responsible Gütersloh district police authority) at any time from the Data Protection Officer of the Gütersloh district police authority.
The contact details of the data protection officer of the Gütersloh district police authority can be found on the right-hand side.
You may request in writing and with a copy of an official identity document to be notified of the following information and, if necessary, to request its immediate deletion:
- the purposes of the processing and its legal basis
- the categories of personal data that are processed
- the recipients or categories of recipients to whom the personal data have been disclosed, in particular recipients in third countries or international organizations
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
- the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject
- notification of the personal data undergoing processing and of any available information as to their source
Furthermore, you have the right to contact the competent supervisory authority for the NRW police to review your data protection concerns or for advice on data protection:
To the
State Commissioner for Data Protection and Information Security NRW
Kavalleriestraße 2 - 4
40213 Düsseldorf
Phone: 0211 / 38424-0