Police records
1. Member States may participate in the automated exchange of police records. For the purposes of such exchanges, participating Member States shall ensure the availability of national police record indexes which contain sets of biographical data of suspects and convicted persons from their national databases established for the prevention, detection and investigation of criminal offences. Those sets of data shall contain only the following data to the extent that they are available:
(a)
first name or names;
(b)
family name or names;
(c)
alias or aliases and previously used name or names;
(d)
date of birth;
(e)
nationality or nationalities;
(f)
country of birth;
(g)
gender.
2. The data referred to in paragraph 1, points (a), (b) and (c), shall be pseudonymised.
Automated searching of national police record indexes
For the prevention, detection and investigation of criminal offences punishable by a maximum term of imprisonment of at least one year under the law of the requesting Member State, Member States participating in the automated exchange of police records shall allow national contact points of other participating Member States and Europol access to data from their national police record indexes to conduct automated searches.
Searches as referred to in the first paragraph shall only be conducted in the framework of individual cases and in compliance with the national law of the requesting Member State.
Reference numbers for police records
The reference numbers for police records shall be the combination of the following:
(a)
a reference number allowing Member States, in the event of a match, to retrieve biographical data and other information in their national police record indexes referred to in Article 25 in order to supply them or it to one, several or all of the other Member States in accordance with Article 44;
(b)
a code to indicate the Member State which holds the police records.
Rules for requests and replies regarding police records
1. A request for an automated search of national police record indexes shall include only the following information:
(a)
the code of the requesting Member State;
(b)
the date and time of the request and the request number;
(c)
the data referred to in Article 25, in so far as they are available.
2. A reply to a request as referred to in paragraph 1 shall contain only the following information:
(a)
an indication as to the number of matches;
(b)
the date and time of the request and the request number;
(c)
the date and time of the reply and the reply number;
(d)
the codes of the requesting and requested Member States;
(e)
the reference numbers of the police records from the requested Member States.
3. Member States shall ensure that requests as referred to in paragraph 1 of this Article are consistent with notifications sent pursuant to Article 74. Those notifications shall be reproduced in the practical handbook referred to in Article 79.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
