Communicated on 26 October 2018

FIFTH SECTION

Application no. 22906/18 Frank Alexander SIMONIS against Germany lodged on 4 May 2018

SUBJECT MATTER OF THE CASE

The application concerns an order by the Trier police for the applicant to be finger- and palmprinted , photographed, measured and his outward physical characteristics recorded on the basis of Article 81b alt. 2 of the Code of Criminal Procedure ( Strafprozessordnung ). The applicant complains under Article 8 (private life) of the Convention that recording and storing this data would not be proportionate.

QUESTIONS tO THE PARTIES

1. Has there been an interference with the applicant ’ s right to respect for his private life, within the meaning of Article 8 § 1 of the Convention?

2. If so, was that interference in accordance with the law and necessary in terms of Article 8 § 2? In particular, did Article 81b alt. 2 of the Code of Criminal Procedure constitute a sufficiently precise legal basis, in view of the requirements established in Malone v. the United Kingdom (2 August 1984, § 68, Series A no. 82) and S. and Marper v. the United Kingdom ([GC], nos. 30562/04 and 30566/04, § 99, ECHR 2008)?

3 . Did the German law afford appropriate safeguards to the applicant to prevent any such use of his personal data as might be inconsistent with the guarantees of Article 8 (see S. and Marper , cited above, § 103)? What were the domestic rules on processing and storing the data, in particular in respect of time-limits for their retention and authorisation for their consultation?

4 . To what extent did the law of the Land Rhineland-Palatinate supplement Article 81b alt. 2 of the Code of Criminal Procedure?

5. Did the Trier police and the administrative courts strike a fair balance between the competing interests, taking into account possible detrimental effects on the applicant ’ s well-being?