Hit / no-hit procedure
When hit / no-hit procedure one is external query to the contact point of a database only hit (hit) or no hit answered (no hit). This method takes place e.g. B. Use in national databases for storing biometric data such as ( EURODAC ) or vehicle and vehicle owner data .
Procedure
If z. If, for example, biometric traces such as DNA or fingerprints of the perpetrator are found in the course of police investigations , German police authorities can request the German contact point for DNA analysis data and fingerprints, the Federal Criminal Police Office , to the contact points of the national databases of other countries and have them checked, whether data records for the biometric traces found are stored there. The queried contact points only answer the query with a hit or no hit .
If it is a hit, the querying contact point will also be informed which country is storing the data in question and under which index it is stored in the national database. The requesting state can then contact the state storing the relevant data directly and request that the data set including the relevant personal data be transmitted .
The advantage of this procedure compared to an online query is that the state, which stores the relevant data in its national database, can check the background of the query and withhold the queried personal data at its own discretion , for example if the reasons for the query are not comply with the purpose limitation of the national database.
Multinational and binational contracts
Prüm contract
The treaty on deepening cross-border cooperation, in particular on combating terrorism, cross-border crime and illegal migration, regulates the mutual networking of national databases in which data on DNA analysis, fingerprints and vehicle and vehicle owner data are stored. Automated queries are processed in a hit / no-hit procedure.
The Federal Criminal Police Office has been designated as the national contact point for DNA analysis data and fingerprints, and the Federal Motor Transport Authority for motor vehicle and motor vehicle owner data .
The Federal Commissioner for Data Protection and Freedom of Information of the Federal Republic of Germany complains after his visit to the Federal Criminal Police Office as the German contact point in his activity report on data protection for the years 2007 and 2008 the non-conforming mass comparison of DNA index data in the hit / no-hit procedure:
“I noticed that Germany starts the DNA data exchange with each new signatory state with an initial mass comparison of the DNA profiles [...]. I do not consider this practice to be compatible with the provisions of the contract, because such a mass comparison is only provided for with DNA trace material (Article 4), but not with individually attributable identification features. Incidentally, I also consider such a mass comparison to be disproportionate, because it contradicts the contractually agreed hit / no hit query in individual cases. "
Agreement to Prevent and Combat Serious Crime
The German-American agreement on deepening cooperation in preventing and combating serious crime regulates mutual access to dactyloscopic data and DNA profiles. Here, too, automated queries are carried out using the hit / no-hit method.
The Federal Criminal Police Office was established as the national contact point.
Data protectionists particularly criticize the fact that the procedures were essentially adopted, but not the restrictive data protection regulations of the Prüm Treaty.
Individual evidence
- ↑ Treaty on the deepening of cross-border cooperation, in particular to combat terrorism, cross-border crime and illegal migration, Article 3 (2) ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. (PDF; 301 kB); Retrieved August 22, 2013
- ↑ Implementation Act of the Prüm Treaty and the Prüm Council Resolution of July 10, 2006, as of July 31, 2009, Section 2 (PDF; 33 kB); Retrieved August 22, 2013
- ↑ a b BT-Drs. 16/12600 : Activity report on data protection for the years 2007 and 2008, page 130 (PDF; 1.9 MB); accessed on March 19, 2015
- ↑ Act to Implement the Agreement between the Government of the Federal Republic of Germany and the Government of the United States of America of October 1, 2008 on Deepening Cooperation in Preventing and Combating Serious Crime of September 11, 2009, as of April 19, 2011, § 1 (PDF; 33 kB); Retrieved August 22, 2013
