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and their degree of accuracy or reliability indicated Once computerised, information is particularly vulnerable to a long term storage: inputting is swiftly, whereas updating and selective erasure may be time consuming. Even so, it is desirable that all records in a file should be updated regularly As a general rule, data should not be stored in a form permitting identification of the data subject for longer period than necessary to accomplish the purpose for which they were recorded. Data processing techniques may facilitate the compliance with this requirement through the automatically deleting of outdated entries from the computer On the other hand, the storage of data in the police permanent files insist upon regulations similar that govern deletion of criminal records. The advantages that the use of permanent automated files may have for the effective law enforcement are undeniable. Nevertheless, the data contained there cannot be held forever and must be open to erification and erasure. Therefore, these data should also be open to the data subject 4.2.5 Principle of Individual's Access 4.2.5.1 General observations The right of access of the interested person to his or her files constitutes one of the central requirements of any Ita protection law. This right is composed of several elements The right to know the existence of the file I. The right to kno 1. The right to rectification and erasure of wrongly stored data 1. The right to a judicial remedy if any of the aforementioned rights are infringed) The right of individual access is perhaps the most difficult right to implement and secure. Especially in those sectors of public administration as the administration of justice, where the balance between openness in government and the government,'s responsibility to protect citizens from crime is delicate and unlikely to be accomplished once and for all. Even so, the harmful effects that inappropriate or inaccurate crime-related data may have on data subjects, require that their right of access to personal information be granted and its upholding stringently be monitored. According to the European standards, departures from this rule may apply to the police files, but are inadmissible with regard to criminal record information 4.2.5.2 Access to the police files In the Council of Europe recommendation No R( 87)15 of 17 September 1987 regulating the use of personal data in the police sector, three general exceptions from the right of access are specified. The access may be denied, if it is likely to be prejudicial to the performance of a legal task of the police, the protection of the data subjects own interests or the rights and freedoms of othe All the information that is given as confidential by a third party should be treated as such and not made accessible to the person concerned without the consent of the individual or agency supplying the information. Police authority should in particular be entitled to deny access whenever this would involve revealing the identity of their informants. The right of access should also be denied if the file contains information about health or development of the rsonality of the data subject that would negatively affect him 4. 2.5.3 Access to the criminal record oppose to police files, access of the person concerned to his/her criminal records should not be restricted in any form. Any person, proving his identity may be shown, by applying to the appropriate judicial authority, a list of criminal record would exert on him in order to obtain it through the person concemed/', issued, so as to prevent the all entries concerning him in the criminal records. However, no copy of such a list should be 1 possible pressure on an individual which employers or other private persons not entit obtain extracts from the As the Recommendation No. R(84)10 of the Council of Europe put it: to avoid written communication of the record, in order to prevent anyand their degree of accuracy or reliability indicated. Once computerised, information is particularly vulnerable to a long term storage: inputting is swiftly, whereas updating and selective erasure may be time consuming. Even so, it is desirable that all records in a file should be updated regularly. As a general rule, data should not be stored in a form permitting identification of the data subject for longer period than necessary to accomplish the purpose for which they were recorded. Data processing techniques may facilitate the compliance with this requirement through the automatically deleting of outdated entries from the computer records. On the other hand, the storage of data in the police permanent files insist upon regulations similar that govern deletion of criminal records. The advantages that the use of permanent automated files may have for the effective law enforcement are undeniable. Nevertheless, the data contained there cannot be held forever and must be open to the verification and erasure. Therefore, these data should also be open to the data subject. 4.2.5 Principle of Individual=s Access 4.2.5.1 General observations The right of access of the interested person to his or her files constitutes one of the central requirements of any data protection law. This right is composed of several elements: I. The right to know the existence of the file; I. The right to know the information; I. The right to rectification and erasure of wrongly stored data; I. The right to a judicial remedy if any of the aforementioned rights are infringed). The right of individual access is perhaps the most difficult right to implement and secure. Especially in those sectors of public administration as the administration of justice, where the balance between openness in government and the government=s responsibility to protect citizens from crime is delicate and unlikely to be accomplished once and for all. Even so, the harmful effects that inappropriate or inaccurate crime-related data may have on data subjects, require that their right of access to personal information be granted and its upholding stringently be monitored. According to the European standards, departures from this rule may apply to the police files, but are inadmissible with regard to criminal record information. 4.2.5.2 Access to the police files In the Council of Europe recommendation No. R (87) 15 of 17 September 1987 regulating the use of personal data in the police sector, three general exceptions from the right of access are specified. The access may be denied, if it is likely to be prejudicial to the performance of a legal task of the police, the protection of the data subject=s own interests or the rights and freedoms of others. All the information that is given as confidential by a third party should be treated as such and not made accessible to the person concerned without the consent of the individual or agency supplying the information. Police authority should in particular be entitled to deny access whenever this would involve revealing the identity of their informants. The right of access should also be denied if the file contains information about health or development of the personality of the data subject that would negatively affect him. 4.2.5.3 Access to the criminal record As oppose to police files, access of the person concerned to his/her criminal records should not be restricted in any form. Any person, proving his identity may be shown, by applying to the appropriate judicial authority, a list of all entries concerning him in the criminal records. However, no copy of such a list should be issued, so as to prevent the possible pressure on an individual which employers or other private persons not entitled to obtain extracts from the criminal record would exert on him in order to obtain it through the person concerned15 . 15 As the Recommendation No. R(84) 10 of the Council of Europe put it: ` to avoid written communication of the record, in order to prevent any
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