"It began harmlessly with the wearing of modern technology and ended for a 78-year pensioner with a recognition service treatment, a saliva for a dna analysis and the police-stored comment, he konne has sexual interests against children." with these words, the bavarian data protection supervisor thomas petri summarizes a special case of misdued law enforcement in his technitisbericht 2019.
In the bredouille, according to the document published on monday, brought the document published on monday that he photographed a vibrant playground with his phone a huffburg and wanted to show the picture of his grandson. He obviously caused a stir and conflicted after segregation of emporter parents in contradictory, what his motive situation was concerned.
Hazard dashes for dna sample
A resisted strip crew arrested the identity of the seniors, responded to him, put his mobile phone safely and followed him afterwards "defense of a concrete danger" detection. At the same time, the officials also conducted a harmful dash to determine a dna identification pattern. Already the legal instruction negotiated the burger had a "non-true legal basis according to the criminal procedure" referred, explains petri.
According to the controversial bavarian police degree act (pag), the regulatory headers in principle have the extensive authority, "in particular, removing finger and palm prints of an affected and photographs, quantities and a personal description" to create. But these are only to clarify an unknown or dubious identity to ward off a danger for a significant legal property or to prevent criminal offenses, "if the suspicion emerges".
Mappings for "police security"
The police can also remove corpers of versifiers under similar prerequisites and perform a dna analysis, the controller writes. "But all these requirements did not apply to the retiree controlled pensioners, especially from him did not have a ‘concrete danger’." a criminal complaint had not been raised, stressful prerequisites did not exist. Nevertheless, the hobby photographer had only several hours after the actual events after one "haunting" the police station leave again.
But that’s not enough: the information gained via the pensioner gave the execution of the executors to a sexual elictural commissioner. Although the investigators there have been concluded that no evidence of a sexual motivation of the affected templates, the incident attracted according to the report "at country and even federal level numerous stores to the ‘police hazard’".
Information and solution for information rejected
The secure smartphone received the pensioner about a month later. With his understanding a video sequence had been laughed, though petri according to "neither legally problematic data nor recordings of said children were recognizable by the hufvburg". When the aged suspicious later had a request for information and solution to the bavarian state criminal police office, this rejected the desires.
The author made this with the concrete danger that he will reduce further inhibition thresholds and take pictures out of a sexual motivation. Petri contradicted this association according to own information "decided", after the person concerned asked him for help. He clarified against the police, "that a first clarification of the fact was bidding to preserve the rights of children on the playground".
Police had given rating
However, when the pensioner has turned out to be "no targeted footage of children had made and nothing else on a sexual motivation" wondered, "the police had to re-evaluate the situation immediately". His appeal, "the stored personal data in excess of loosening and destroying the files carried out to the affected files was dedicated to the full extent", reports the head of the supervisory authority.
Only this one "last consistent change of course" have him "look for a complaint" permit. In addition, petri had to remind a police prose that the investigators had to dissipate data from police information systems in principle from spat at the latest if storage is no longer required. An application for a beneficiary person is not necessary for this person.
More data spans in clinics
Petri repeatedly highlighted in his report that the police have their new competence anchored in the pag, "space-resistant storage media" in the cloud to browse for security, applied first. In this operation, no personal information was obtained. Focus of the report on technical and organizational privacy are references to the areas of artificial intelligence (ki) and attacks by malicious software as emotated. Petri emphasizes that secure the privacy "a central prerequisite for a human friendly ki" may be. For the supervision, so at first, scoring systems, medical diagnostic help and autonomous driving are becoming relevant. The petri is worried, among other things, because the number of well-known data spans in clinics has increased significantly.