regard to particular events is only authorised if the cross-check is in
fact necessary to avert such a danger and this danger provided the
grounds for the automatic number plate recognition measure. 5Automatic number plate recognition may not be carried out in an unlimited area.
(3) - (7) …
Art. 38
Storage, Change and Use of Data
(1) - (2) …
(3) 1The number plates recorded pursuant to Art. 33(2) second
sentence must be deleted without undue delay following the crosscheck. 2In deviation from this, paragraphs (1) and (2) and the provisions of the Code of Criminal Procedure apply if a number plate is
listed in the cross-checked data records or databases and its storage or use is necessary to avert a danger in a specific case or for
purposes for which the data records or databases were established.
3Except in the cases of Art. 33(2) third sentence no. 2 letter a, separately recorded data may not be combined to create a movement
profile.
(4) - (5) …
As a condition for permitting automatic number plate recognition measures,
Art. 33(2) second sentence BayPAG referred to Art. 13(1) nos. 1 to 5 BayPAG,
which, at the time of decision rendered by the Federal Administrative Court, read as
follows:
Art. 13
Identity checks and residence permit checks
(1) The police are authorised to check the identity of a person
1. for the purpose of averting a danger,
2. if that person is in a place,
a) where, on the basis of factual indications, it must be assumed
that, there,
aa) persons plan, prepare or commit criminal acts,
bb) is a meeting point for persons not holding a necessary residence permit, or
cc) offenders are hiding, or
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