Data protection conditions
Misdemeanour and criminal proceedings
The Code of Misdemeanour Procedure governs the carrying out of misdemeanour proceedings.
The Code of Criminal Procedure governs in detail the carrying out of criminal proceedings.
Under the Public Information Act, all information collected in the context of criminal and misdemeanour proceedings is information for official use only. We release to other parties to proceedings (including in exchanging information with other agencies) data that become known to the Police and Border Guard Board only in the extent required in the procedural codes and necessary for conducting proceedings and resolving a given matter.
The general terms and conditions for disclosure of dossier materials are provided in detail in Section 214 of the Code of Criminal Procedure. Analogous conditions governing misdemeanour proceedings are set forth in Section 62 of the Code of Misdemeanour Procedure. Participants in proceedings can examine materials of a case in accordance with procedure set forth in procedural codes.
In the Police and Border Guard Board document register, we use only initials, not the full name, to identify the name of the sender and recipient of documents referred to in correspondence taking place in proceedings. Such documentation has an access restriction – if a request for information is filed, we will review whether the document can be partially or completely issued or not. We will definitely redact (obscure) your personal contact details (email address, telephone number). In other regards, access restrictions depend on document content. The possible grounds for access restriction can be found in Section 35 of the Public Information Act.
By law, we are allowed to publicly disclose the circumstances of proceedings during proceedings only in exceptional cases (Section 214 of the Code of Criminal Procedure and Section 62 of the Code of Misdemeanour Procedure). We exercise this right in exceptional cases and refrain from excessively infringing on the privacy of the parties involved. Among other things, we reserve the right to provide explanations to the public regarding our activities if a person publicizes information concerning themselves, in which case we may, if necessary, comment publicly on our own actions. We do not, however, release information to an extent greater than the person themselves disclosed.
Punishment data is entered into the criminal records database on the basis of decisions that enter into force. All registry data concerning oneself can be requested free of charge from the criminal records database. Persons and institutions empowered by law may request information free of charge and in a larger extent.
Detailed requirements for access to criminal records can be found in Chapter 3 of the Criminal Records Database Act.