Establishment order

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According to the file guidelines of the Federal Criminal Police Office and also some federal states, such as Bavaria , Berlin , Hesse , Thuringia and North Rhine-Westphalia , the establishment order (EA) is a required instruction for the establishment of every new file that contains personal data. It contains administrative regulations from which every user can see how to handle the file and the data. These regulations are binding for the user. Thus, the opening order makes it easier for the data protection officer to exercise his control and advisory powers.

The establishment order stipulates:

  • Purpose of the file
  • Legal basis
  • affected group of people
  • Type of data to be saved
  • Delivery or input of the data
  • Requirement for data transmission
  • Retention period
  • necessary technical and organizational measures

Establishment orders are required both in the preventive area and in the area of criminal prosecution .

In the area of ​​criminal prosecution, the establishment order is regulated in Section 490 of the Code of Criminal Procedure, among other things .

Web links

Individual evidence

  1. juris GmbH: VIS BE ASOG Bln | State standard Berlin | Complete edition | General law for the protection of public safety and order in Berlin (General Security and Order Act - ASOG Bln) in the version of October 11, 2006 | valid from: 08/09/2006. Retrieved July 18, 2020 .