Question juridique clé
Whether retention of forensic identification data after withdrawal of a criminal complaint violates the right to privacy and informational self-determination.
Solution extraite
Yes. Once the complaint is withdrawn, continued retention is disproportionate; the material must be destroyed on request, like in cases covered by § 8(2) of the ordinance.
Motifs extraits
The case remains open but cannot be reopened; unlike a dismissal for lack of evidence, no later return to the unresolved facts is possible. Continued retention therefore lacks necessity and is disproportionate under Art. 13(2) in conjunction with Art. 36(2) and (3) BV.