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ROMAN ZAKHAROV v. RUSSIA JUDGMENT
practicable, that information is held about him as soon as the object of the police
activities is no longer likely to be prejudiced.
...
3.1. As far as possible, the storage of personal data for police purposes should be
limited to accurate data and to such data as are necessary to allow police bodies to
perform their lawful tasks within the framework of national law and their obligations
arising from international law.
...
5.2.i. ... Communication of data to other public bodies should only be permissible
if, in a particular case:
a. there exists a clear legal obligation or authorisation, or with the authorisation of
the supervisory authority, or if
b. these data are indispensable to the recipient to enable him to fulfil his own
lawful task and provided that the aim of the collection or processing to be carried
out by the recipient is not incompatible with the original processing, and the legal
obligations of the communicating body are not contrary to this.
5.2.ii. Furthermore, communication to other public bodies is exceptionally
permissible if, in a particular case:
a. the communication is undoubtedly in the interest of the data subject and either
the data subject has consented or circumstances are such as to allow a clear
presumption of such consent, or if
b. the communication is necessary so as to prevent a serious and imminent
danger.
5.3.i. ... The communication of data to private parties should only be permissible if,
in a particular case, there exists a clear legal obligation or authorisation, or with the
authorisation of the supervisory authority.
...
6.4. Exercise of the rights [of the data subject] of access, rectification and erasure
should only be restricted insofar as a restriction is indispensable for the performance
of a legal task of the police or is necessary for the protection of the data subject or the
rights and freedoms of others.
...
6.5. A refusal or a restriction of those rights should be reasoned in writing. It should
only be possible to refuse to communicate the reasons insofar as this is indispensable
for the performance of a legal task of the police or is necessary for the protection of
the rights and freedoms of others.
6.6. Where access is refused, the data subject should be able to appeal to the
supervisory authority or to another independent body which shall satisfy itself that the
refusal is well founded.
...
7.1. Measures should be taken so that personal data kept for police purposes are
deleted if they are no longer necessary for the purposes for which they were stored.
For this purpose, consideration shall in particular be given to the following criteria:
the need to retain data in the light of the conclusion of an inquiry into a particular