Judgments

Interference with the exercise of the right to respect for privacy through the processing of personal data must be reasonably justified and proportionate to the aims pursued by the legislation. In determining whether it is proportionate, account must be taken of whether or not the relevant regulations include safeguards designed to prevent abuses in the processing of personal data. The provision on the composition of the supervisory board was accordingly partially set aside insofar as the majority of its members were appointed in their capacity as members of the local and federal police.Moreover, if the principle of proportionality is to be respected, the opinion of the supervisory board must be considered binding, the deletion of personal data and related information must be the rule and archiving the exception.Lastly, unless otherwise expressly provided for, the police are required to remove from databases any data which no longer satisfies the criteria of adequacy, relevance and non-excessiveness. There is an obligation to delete data and there are maximum deadlines for unlimited access. The authorisation by the «competent member of the legal service» which is required for processing specific personal data may not be interpreted as meaning that authorisation by a member of the public prosecutor’s department suffices.