§ 26 NDSG
Distinction between different categories of data subjects
(1)The controller shall, in the processing of personal data, as far as possible make a distinction between the different categories of data subjects. In particular, the following categories shall be distinguished:
(2)persons with regard to whom there are serious grounds for believing that they have committed a criminal offence,
(3)persons with regard to whom there are serious grounds for believing that they will commit a criminal offence in the near future,
(4)convicted offenders,
(5)victims of a criminal offence or persons with regard to whom certain facts give rise to reasons for believing that they could be the victim of a criminal offence, and
(6)other persons such as in particular witnesses, informants or persons who are in contact or association with the persons referred to in numbers 1 to 4.
(7)Sentences 1 and 2 shall apply mutatis mutandis insofar as personal data are processed for the purpose of the prosecution, punishment and sanctioning of administrative offences.