(1) For the processing and use of personal data in files, subject to section 496 (3) of the Code of Criminal Procedure, and to special provisions in other statues, the provisions of the Second Chapter of the Eighth Book of the Code of Criminal Procedure apply accordingly, subject to the provisions below.
(2) Subject to subsection (3), storage, alteration and use may only be effected by courts, public prosecution offices and administrative authorities, including execution authorities, as well as the authorities of the police service, where this is permissible in accordance with sections 483, 484 (1) and section 485 of the Code of Criminal Procedure; here, the purposes of the criminal proceedings are replaced by the purposes of the regulatory fining proceedings. Personal data from regulatory fining proceedings may also be used where they are required for purposes of criminal proceedings, pardoning proceedings, or international mutual legal and administrative assistance in criminal and regulatory fining matters. The storage of personal data of persons who were not of criminally responsible age at the time of the offence is not permissible for purposes of future regulatory fining proceedings.
(3) The creation of a joint automated file in accordance with section 486 of the Code of Criminal Procedure for the agencies named in subsection (2) belonging to the subordinate authorities of various Federal or Land Ministries is only permissible if it is required for properly carrying out tasks and taking account of the interests of the persons concerned that are worthy of protection.
(4) Section 487 (1) sentence 1 of the Code of Criminal Procedure applies subject to the proviso that the data stored in accordance with subsections (1) to (3) may be transmitted to the competent agencies only for the purposes named in subsection (2); section 49a (3) applies accordingly to transmission ex officio. Section 487 (2) of the Code of Criminal Procedure applies subject to the proviso that transmission may take place where it could be effected from the files in accordance with the present Act.
(5) Where personal data are stored for purposes of the future prosecution of regulatory offences, the period within the meaning of section 489 (4) sentence 2 number 1 of the Code of Criminal Procedure may not exceed five years for a regulatory fine of more than 250 euros, two years in all other cases falling under section 489 (4) sentence 2 numbers 1 to 3 of the Code of Criminal Procedure.