As part of the analysis of data pursuant to §§ 115i, 115j StPO, already prepared digital content is systematically searched and legally assessed. The investigating authorities work with defined search parameters to filter out from extensive data sets precisely the information that is relevant to the criminal proceedings and may be used as admissible evidence.

The results of this search are documented, and only relevant content is included in the case file. At the same time, the accused and the victim have the opportunity to request additional search criteria and to inspect the data. However, the analysis is clearly limited, as it may only be carried out to the extent necessary and the personal rights of those concerned must be protected. In addition, only lawfully obtained results may actually be used in the proceedings.

Select Your Preferred Appointment Now:Free initial consultation

Distinction from data preparation

The analysis of data begins only after data preparation. Both steps are connected, but they fulfil clearly separate functions in criminal proceedings.

During preparation, the authorities secure and structure the data technically. Only afterwards do they analyse the content in a targeted manner. In this phase, they examine which information is relevant to the proceedings.

• Data preparation creates a technical basis.
• Analysis determines the substantive value of the data.
• Only relevant content may be considered as evidence.

The analysis directly affects personal content. Therefore, stricter rules apply here than for mere technical preparation.

Defining and documenting search parameters

The authorities work with clearly defined search parameters. They determine in advance which data they will search at all.

These parameters determine the entire course of the analysis. They control which content becomes visible and is examined.

• The authorities select specific search terms.
• They limit the search to certain time periods or content.
• They record the number of hits precisely.

Documentation ensures transparency. Every step remains traceable. This makes it possible to review whether the authorities worked in a targeted manner or proceeded unlawfully.

Select Your Preferred Appointment Now:Free initial consultation

Rights of the accused and the victim

The analysis is not carried out only by the authorities. The accused and the victim actively intervene and assert their own rights.

They may request additional search parameters. This expands the analysis and brings in further relevant content.

• They request additional search criteria.
• They use this option to make exculpatory or incriminating content visible.
• They are granted access to their own data if it is affected.

This right of access applies only to the persons concerned themselves. Third parties are not granted access. This protects sensitive data under the law.

The accused may also request that further relevant results be included in the case file, provided they are legally admissible.

Select Your Preferred Appointment Now:Free initial consultation

Including results in the case file

The analysis often produces many hits. Nevertheless, the public prosecutor’s office does not include all results in the case file.

It makes a deliberate selection and focuses on content that is decisive for the proceedings.

• Only relevant data is included in the case file.
• The public prosecutor’s office reviews the admissibility as evidence.
• Insignificant content is left out.

This selection prevents the proceedings from being overloaded with unnecessary information. At the same time, it ensures that the presentation of evidence remains clear and traceable.

The accused may also intervene here and submit further relevant results.

Select Your Preferred Appointment Now:Free initial consultation

Limits of the analysis and protection of personal rights

The analysis intrudes deeply into privacy. Therefore, a strict principle applies: The authorities limit the analysis to what is necessary.

They may examine only the data they actually need for the proceedings. Any analysis beyond that is unlawful.

• The authorities actively ensure the protection of personal rights.
• They avoid unnecessary intrusions into private data.
• They consistently limit the analysis.

Affected persons retain control over their data. They may inspect those results that concern their own data. The authorities inform them as soon as their identity is established or can easily be established.

Select Your Preferred Appointment Now:Free initial consultation

Destruction of non-relevant data

Non-relevant data must be destroyed.

The authorities remove all content that has no connection to the proceedings or that they are not permitted to use as evidence.

• They delete irrelevant data.
• They remove inadmissible content.
• In doing so, they protect the privacy of those concerned.

The accused and affected persons may actively request deletion. This keeps data use limited to what is necessary.

In this way, the law prevents unnecessary information from being stored permanently.

Select Your Preferred Appointment Now:Free initial consultation

Exclusionary rule and unlawfully obtained data

The authorities may use the results of the analysis in criminal proceedings only if they lawfully ordered and authorised the underlying measure. If this requirement is not met, they may not use the data as evidence.

The law sets a clear limit here. The authorities may not use every piece of information obtained. The decisive factor is always whether the collection was carried out correctly under the law.

• The measure must be properly authorised.
• The execution must comply with the statutory requirements.
• Only then may the results be used as evidence.

If there is a violation, a strict exclusionary rule applies. The data in question is excluded from the proceedings and may not be used against the accused.

This protects against unlawful intrusions and ensures that only lawfully obtained evidence forms the basis of criminal proceedings.

Select Your Preferred Appointment Now:Free initial consultation

Incidental findings and further offences

During the analysis, the authorities often come across information that has nothing to do with the original allegation. Such findings are referred to as incidental findings.

The law permits the use of such data only under certain conditions. The authorities may not automatically incorporate such indications into the existing proceedings.

• The authorities examine whether the use is legally admissible.
• If so, they open a separate case file.
• Further use is governed by the general rules on evidence.

This separation keeps the original proceedings clear. At the same time, the law ensures that new criminal offences can also be prosecuted without violating the rights of those concerned.

Select Your Preferred Appointment Now:Free initial consultation

Your Benefits with Legal Assistance

In investigative proceedings, the analysis of data often determines which digital content can actually be used as evidence and which data must be excluded again. This is precisely where many sources of error arise in practice. Anyone affected by such a measure should therefore not wait, but have the analysis reviewed legally.

Legal representation helps to control the scope of the analysis, identify unlawful intrusions, and effectively exercise the rights of access, application and deletion. Especially with extensive data carriers, private communications or professionally sensitive documents, a clear legal review is crucial.

• Review of the lawfulness of the analysis and the underlying order
• Assertion of additional search parameters if exculpatory content is to be made visible
• Review of the results included in the case file and examination of whether inadmissible content must be excluded
• Protection of personal and professional secrets in the case of sensitive data sets
• Enforcement of deletion and defence rights in investigative proceedings

Early legal support provides clarity, reduces unnecessary risks and ensures that your rights are consistently safeguarded in the proceedings.

Select Your Preferred Appointment Now:Free initial consultation

FAQ – Frequently Asked Questions

Select Your Preferred Appointment Now:Free initial consultation