Police State Protection Act - Pstsg, As Well As Amendment Of The Security Police Act

Original Language Title: Polizeiliches Staatsschutzgesetz - PStSG sowie Änderung des Sicherheitspolizeigesetzes

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5. Federal Law, by which the Federal Law on the Organization, Tasks and Powers of Police State Protection (Police State Protection Act-PStSG) is enacted and the Security Policy Act amended

The National Council has decided:

Article 1

Federal law on the organisation, tasks and powers of police state protection (police state protection law-PStSG)

1. Main item

General

Scope of application; police state protection

§ 1. (1) This federal law regulates police state protection. This shall be carried out in the exercise of the security police.

(2) Police protection of the state serves to protect the constitutional institutions and their capacity to act, as well as representatives of foreign states, international organizations and other international law subjects in accordance with international law Obligations, critical infrastructure and the population against terrorism, ideological or religiously motivated crime, threats from espionage, intelligence activities and proliferation and perception central functions of international cooperation in these areas.

(3) The Federal Office for the Protection of the Constitution and the Counter-Terrorism Office (Bundesamt) and in each federal state shall be responsible for the performance of the matters referred to in paragraph 2 as the organisational unit of the Directorate-General for Public Security. Organisational unit of the State Police Directorate responsible for the protection of the constitution.

(4) The Federal Minister for Home Affairs may reserve certain matters pursuant to paragraph 2 to the Federal Office. In this case, the Federal Office of the Federal Office for the Protection of the Constitution of the State Police Directorate can commission the implementation of individual measures. The Federal Office may also arrange to report directly to it on the progress of a matter, or to report it at certain times.

(5) The Federal Office shall act for the Federal Minister of the Interior, the organizational unit responsible for the protection of the constitution for the respective State Police Directorate, in the event of the enforcement of this Federal Act.

Organization

§ 2. (1) A Director shall be present to the Federal Office. The Director takes up the function as Information Security Officer for the scope of action of the Federal Ministry of the Interior according to § 7 of the Information Security Act-InfoSiG, BGBl. I n ° 23/2002, true.

(2) Only those who have completed a degree in law and have special knowledge in the field of police state protection can be appointed as Director.

(3) Other staff of the organisational units referred to in Article 1 (3) shall complete, within two years from the beginning of the service, a special training for the protection of the constitution and the fight against terrorism, the detailed content of which shall be determined by the regulation of the The Federal Minister for the Interior is to be established.

(4) If the staff in management functions are not already members of the public security service, they may, after successful completion of the training (paragraph 1), be able to 3) are authorized to exercise direct command and enforcement authority. In this case, they shall be deemed to be the bodies of the public security service pursuant to Section 5 (2) of the Security Policy Act-SPG, BGBl. No 566/1991.

(5) Prior to the start of the activity, each staff member must undergo a security check (§ 55 SPG) for access to secret information. If the staff member is to perform a management function, he must undergo a security check on access to top secret information. The security checks are to be repeated after three years. If there are indications that a staff member could no longer be trustworthy, the security check shall be repeated before the expiry of that period.

Rules of Procedure of the Federal Office

§ 3. The Director of the Federal Office shall determine to whom the approval of decisions for the Federal Minister of the Interior shall be assigned within the framework of the division of the business, in which cases the authorisation is reserved for him and who, in the case of the Federal Office for the Interior, shall be entitled to Prevention is the responsibility (Rules). Before being released and before any amendment to the Rules of Procedure, the Director-General shall be responsible for public security.

Federal Office as Central Office

§ 4. The Federal Office fulfils the following central functions for the Federal Minister of the Interior:

1.

Operational coordination unit for reports on any form of attacks on computer systems (§ 74 para. 1 Z 8 Penal Code-StGB, BGBl. No 60/1974) of constitutional bodies (Section 22 (1) (2) of the SPG) as well as critical infrastructures (Section 22 (1) (6) of the SPG) in accordance with § § 118a, 119, 119a, 126a, 126b and 126c StGB;

2.

Reporting point for any form of activity in the National Socialist sense according to the Prohibition Act-prohibiting law, StGBl. No 13/1945 (National Socialist Reactivation Office);

3.

the carrying out of security checks (§ 55 SPG);

4.

the organisation of building security of the buildings used by the Federal Ministry of the Interior;

5.

international cooperation in the field of state protection; this is without prejudice to the cooperation of the organizational units of the State Police Directorates responsible for the protection of the Constitution with neighbouring regional security services.

Applicability of the Security Policy Act

§ 5. To the extent that this federal law does not determine special provisions, the Security Policy Act applies.

2. Main piece

Tasks in the field of police state protection

Extended hazard research and protection against constitutional attacks

§ 6. (1) The organisational units referred to in Article 1 (3)

1.

extended hazard research; this is the observation of a grouping, if it is to be expected, in view of the existing structures and the developments in their environment, that there is a serious risk to the public the security of related crime, in particular on ideological or sectarian violence;

2.

preventative protection against unconstitutional attacks by a person, provided that there is a reasonable suspicion of danger to such an attack (Section 22 (2) of the SPG);

3.

protection against unconstitutional attacks on the basis of information provided by national authorities, foreign security agencies or security organisations (§ 2 para. 2 and 3 police cooperation law-PolKG, BGBl. No 104/1997), as well as by European Union or United Nations bodies on persons suspected of having carried out, abroad, a situation which corresponds to a constitutional attack which is dangerous to the constitution.

(2) A constitutional attack is the threat to legal goods

1.

in accordance with § 165 (3) of the German Criminal Code (StGB), the unlawful realization of the facts of a crime under § § 278b to 278f or, in so far as it relates to the power of disposal of a terrorist group, an offence punishable by law;

2.

by the unlawful realization of the facts of a criminal offence referred to in § § 274 (2), first fall, 279, 280, 283 para. 3 or in § 278c StGB, provided that the act is ideologically or religiously motivated;

3.

by the unlawful realization of the facts of an act punishable in accordance with § § 242 and 246 StGB, the fifteenth section of the StGB or an act punishable under the prohibition of the prohibition of the offence;

4.

due to the unlawful and intentional realization of the facts of a law pursuant to § § 175, 177a, 177b of the German Commercial Code (StGB), § § 79 to 82 of the German Foreign Trade Act 2011-outside WG 2011, BGBl. I n ° 26/2011, § 7 War Material Act-KMG, BGBl. No 540/1977, § 11 Sanction Act 2010-SanktG, BGBl. No 36/2010, in accordance with § § 124, 316, 319 or 320 of the German Criminal Code (StGB) and in accordance with the sixteenth section of the Criminal Code (StGB);

5.

through the unlawful realization of the facts of an act punishable by § § 118a, 119, 119a, 126a, 126b or 126c StGB against constitutional institutions and their ability to act (§ 22 para. 1 Z 2 SPG) as well as critical infrastructures (§ 22 (1) (6) SPG).

Police-related advice

§ 7. The organisational units referred to in § 1 (3) are responsible for preventing unconstitutional attacks, particularly in the field of cyber security, and the promotion of the willingness and ability of the individual to deal with a threat to his legal goods. Knowledge to be informed and to prevent attacks accordingly.

Information on constitutional bodies

§ 8. (1) The performance of the fulfilment of tasks pursuant to this Federal Act also includes the analysis and assessment of state-protection-related threat situations, which may also result from constitutional developments abroad, for information purposes Constitutional bodies, unless the Federal Minister for National Defence and Sport is concerned with the full-education area.

(2) State-related threats are the supreme organs of enforcement (Art. 19 B-VG) as well as the institutions entrusted with the management of the legislative bodies of the federal and state governments, insofar as this information is important for the performance of the statutory tasks within the scope of their responsibility. Likewise, they shall be informed of the circumstances which are essential for the performance of their duties.

3. Main piece

Use of personal data in the field of police state protection

General

§ 9. (1) The organisational units according to § 1 (3) have to comply with the proportionality (§ 29 SPG) when using personal data (processing and transfer). When using sensitive and criminally relevant data, they shall take reasonable steps to safeguard the confidentiality interests of those concerned. In the case of investigations of personal data pursuant to this Federal Act, an intervention in the case of § 157 (1) Z 2 to 4 of the Code of Criminal Procedure-StPO, BGBl. No 631/1975, protected law not allowed. Section 157 (2) of the StPO shall apply mutatily.

(2) Personal data may only be used by the organizational units in accordance with § 1 (3) according to this main item, insofar as this is necessary for the performance of the tasks assigned to them. Authorisations according to other federal laws remain unaffected.

Investigative Service for the purposes of police protection

§ 10. (1) The organisational units as defined in Section 1 (3) may identify and further process personal data for

1.

extended hazard research (Section 6 (1) (1) (1)),

2.

preventative protection against unconstitutional attacks (Section 6 (1) (2)),

3.

protection against unconstitutional attacks on the basis of information provided by national authorities, foreign security authorities or security organisations, as well as bodies of the European Union or the United Nations (§ 6 1 (3) and (1)

4.

information on constitutional bodies (§ 8),

where sensitive data is provided in accordance with § 4 Z 2 Data Protection Act 2000-DSG 2000, BGBl. No 165/1999, may only be identified and further processed in so far as they are strictly necessary for the performance of the task.

(2) The organizational units according to § 1 paragraph 3 may determine and further process data which they have lawfully processed in the enforcement of federal or state laws for the purposes of paragraph 1. An automation-supported data reconciliation within the meaning of § 141 StPO is not included. Existing transmission bans shall remain unaffected.

(3) The organisational units referred to in Article 1 (3) shall be entitled to require the services of the local authorities, the other bodies of the public right and the institutions operated by them to provide information which they are required to fulfil. of their tasks referred to in paragraph 1 (1) and (2). A refusal of the information is only permissible if other public interests outweigh any of the official secrecy (Art. 20 (3) B-VG), other statutory obligation to secrecy exists.

(4) The organisational units according to § 1 (3) are authorized in individual cases to use personal image data for the performance of their tasks pursuant to paragraph 1 (1) and (2), the legal entities of the public or private sector by means of the use of Image and sound recording devices have been lawfully identified and transmitted to the security authorities, if otherwise the performance of the tasks would be at risk or would be considerably more difficult. In doing so, it is particularly important to ensure that interference in the privacy of the persons concerned is a matter of proportionality (§ 29 SPG). The use of data on non-public behavior is not allowed.

(5) Apart from the cases of paragraphs 2 to 4 as well as the investigations pursuant to § 11, the organizational units are entitled, according to § 1 paragraph 3 for the purposes of paragraph 1, to use personal data from all other available sources by using appropriate means, , in particular through access to, for example, publicly available data on the Internet, to identify and further process data. Second sentence of paragraph 2.

Specific provisions for investigations

§ 11. (1) For extended hazard research (§ 6 paragraph 1 Z 1) and for preventive protection against unconstitutional attacks (§ 6 para. 1 Z 2), the determination of personal data is permissible in accordance with § 9 and under the conditions of § 14. by

1.

Observation (Section 54 (2) of the SPG), provided that the observation would otherwise be hopelessly or significantly impeded by the use of technical means (Section 54 (2a) of the SPG);

2.

hidden investigation (§ 54 (3) and (3a) of the SPG) if the performance of the task would be hopeless by the use of other investigative measures;

3.

Use of image and sound recording equipment (Section 54 (4) of the SPG), which may be concealed if the performance of the task would otherwise be hopeless;

4.

Use of identifier recognition devices (§ 54 para. 4b SPG) for automated comparison with motor vehicle registration plates, which are processed in accordance with § 12 para. 1;

5.

Obtaining information pursuant to § § 53 (3a) Z 1 to 3 and 53 (3b) SPG to a group pursuant to § 6 paragraph 1 Z 1 or a person concerned pursuant to § 6 paragraph 1 Z 2 as well as to their respective contact persons or accompanying persons (§ 12 para. 1 Z 4) of operators Public telecommunications services (Section 92 (3) (1) of the Telecommunications Act 2003-TKG 2003, BGBl. I n ° 70/2003) and other service providers (§ 3 Z 2 E-Commerce-Gesetz-ECG, BGBl. I n ° 152/2001), if the performance of the task would be hopeless by the use of other investigative measures;

6.

Obtaining information on the contact details, number and type of travel document as well as payment information of a person concerned in accordance with § 6 (1) Z 2, date of booking, travel travel, travel status, ticket data, number and name of fellow passengers within the scope of a Booking of passenger transport companies to a service provided by them;

7.

Obtaining information on traffic data (§ 92 paragraph 3 Z 4 TKG 2003), access data (Section 92 (3) Z 4a TKG 2003) and location data (Section 92 (3) Z 6 TKG 2003), which are not subject to information pursuant to paragraph 1 Z 5, to a grouping according to § 6 para. 1 Z 1 or a person concerned in accordance with § 6 (1) (2) of operators of public telecommunications services (§ 92 (3) (1) TKG 2003) and other service providers (§ 3 Z 2 ECG), if this is to prevent a constitutional attack, the Implementation with considerable penalty (§ 17 of the SPG) is threatened, it appears necessary and the performance of the task by The use of other investigative measures would be hopeless. Authorisation may be granted only for the future or past period which is likely to be necessary for the purpose of achieving the purpose.

The investigation shall be terminated as soon as its conditions are eliminated.

(2) In the cases referred to in paragraph 1 (1) (5) to (7), the requested authority shall be obliged to provide the information. The replacement of costs in the cases of Section 1 Z 5 with regard to § 53 para. 3b SPG and Section 1 Z 7 is governed by the Surveillance Cost Ordinance-ÜKVO, BGBl. II No 322/2004.

(3) Upon obtaining information pursuant to paragraph 1 Z 7, the Federal Office of the Information requested shall have the obligation pursuant to paragraph 2 and its scope, as well as the obligation to secret the facts and operations related to the authorization to third parties. , and carry out the appropriate authorisation of the Legal Affairs Council.

Data applications

§ 12. (1) The Federal Minister of the Interior and the State Police Directorates may act as data protection entities in an information system operated by the Federal Office for the purpose of evaluating probable risks and for the recognition of of interconnections and structures by means of operational or strategic analysis

1.

to a group according to § 6 para. 1 Z 1

a)

names,

b)

former names,

c)

alias data,

d)

Address/stay,

e)

Legal Form/Status,

f)

objective data on communication and transport, including registration number/registration number and

g)

information on economic and financial circumstances, including related data relating to legal persons,

2.

According to § 6 para. 1 Z 2

a)

names,

b)

former names,

c)

alias data,

d)

the names of the parents,

e)

Gender,

f)

Date of birth and place,

g)

nationality,

h)

Residence/stay,

i)

document data,

j)

Occupation, qualification and function/employment/living conditions,

k)

data relevant to the right of entry and residence,

l)

objective data on communication and transport as well as weapons including registration number/license plates,

m)

light image and other data required for the description of persons;

n)

recognition-service data, and

o)

information on economic and financial circumstances, including related data relating to legal persons,

3.

on suspects of a constitutional attack, the data types according to Z 2 a) to o),

4.

to contact persons or accompanying persons who are directly and not merely randomly associated with a group after Z 1, persons affected by Z 2 or suspects after Z 3 and where there are sufficient grounds for believing that they are responsible for the to obtain relevant information, the data types according to Z 2 (a) to (m) up to the earliest possible clarification of the relationship with these persons,

5.

To informers and other information providers the data types according to Z 2 a) to j)

and process and process information and administrative data which have been determined in accordance with § § 10 or 11 or on the basis of the SPG or the StPO. Insofar as this is necessary for the fulfilment of the purpose (para. 1) it is essential to process sensitive data within the meaning of § 4 Z 2 DSG 2000.

(2) The data shall be checked for its relevance and accuracy prior to processing in the data application, as well as to be updated during use. If data prove to be incorrect, such data shall be corrected or deleted, unless the further processing of false information with the marking "incorrect" is in order to fulfil the purpose (paragraph 1). 1). In the event of an investigation or termination of a trial by a public prosecutor or a criminal court, the data shall be updated by remark of the termination or termination of the proceedings and of the ground which has become known. An update or a rectification of data as referred to in paragraph 1 Z 1 lit. a to d and Z 2 lit. a to i may be carried out by any contracting authority. For this purpose, the client who has processed the data must be informed.

(3) Data shall be deleted in accordance with § 13. Data relating to suspects in accordance with paragraph 1 Z 3 and persons in connection with this data pursuant to Section 1 (1) (5) shall be deleted at the latest after five years, persons according to paragraph 1 (1) (4), at the latest after three years. In any case, data on contact persons and accompanying persons pursuant to Section 1 (1) (4) shall be deleted if there are no longer reasons for the assumption that information relevant to the performance of the task can be obtained.

(4) Transfers shall be made to the security authorities for the purposes of security police and criminal justice, to public prosecutors and ordinary courts for criminal justice purposes, to constitutional bodies in accordance with § 8 and above. In addition to the services of the domestic authorities, where this is an essential condition for the exercise of a legally mandated task, to foreign security agencies and security organisations (§ 2 para. 2 and 3 PolKG), and Institutions of the European Union or United Nations in accordance with the Provisions on international police assistance shall be permitted.

(5) Any interrogation and transmission of personal data shall be recorded in such a way that it is possible to assign the interrogation or transmission to a particular organ walter. The log records are to be kept for three years and then deleted.

(6) The control of the data application in accordance with paragraph 1 is the responsibility of the legal protection officer in accordance with Section 91c (2) of the SPG and § 15 (1).

(7) In addition, the Federal Office is authorized in accordance with § 54b SPG to provide personal data of persons who provide information on the fulfillment of the task of extended hazard research (§ 6 para. 1 Z 1), preventive protection (§ 6 para. 1 Z 2), on the defence against dangerous attacks or criminal links (§ 21 para. 1 SPG), to be processed.

Special erasure obligation

§ 13. (1) Where a task has been filed pursuant to Section 6 (1) Z 1 or 2, the personal data determined in accordance with this Federal Act shall be deleted if, after the expiry of the time for which the authorisation has been issued, no task for the Organisational units according to § 1 (3). In addition, the immediate deletion may not be possible if, in respect of the grouping or the person concerned, it can be expected, on the basis of certain facts, in particular on the basis of unconstitutional activities abroad, that it should: will give rise to a new task in accordance with Section 6 (1) (1) or (2). The organisational units referred to in § 1 (3) shall examine these data once a year to determine whether their further processing is necessary. If two years after the expiry of the time for which the authorization has been granted, no task for the organizational units pursuant to § 1 (3), the further processing shall be required for one more year of empowerment of the Legal protection officer (§ 15). At any rate, after six years, the data will be deleted.

(2) If the person concerned is informed by the organizational units pursuant to § 1 paragraph 3 after the end of the authorization pursuant to § 16 para. 2, the personal data determined in accordance with this Federal Act shall be kept for six months without prejudice to paragraph 1; this period shall be extended by that period of time when the information of the person concerned is deferred in accordance with Section 16 (3). In addition, the data should not be deleted before the conclusion of a legal protection procedure. In this case, the data for access shall be blocked and may only be used for the purpose of informing persons affected or in a legal protection procedure.

4. Main piece

Legal protection in the field of police state protection

Legal Protection Officer

§ 14. (1) The legal protection officer (§ 91a SPG) is responsible for special legal protection in the case of the tasks pursuant to § 6 (1) Z 1 and 2 as well as the control of the data application in accordance with § 12 paragraph 6.

(2) The organizational units according to § 1 paragraph 3, which are assigned a task in accordance with § 6 (1) Z 1 or 2, have to obtain the authorization of the legal protection officer by the way of the Federal Minister for Home Affairs before the task is carried out. The same shall apply if it is intended to set up special investigative measures in accordance with § 11 or to further process data determined in accordance with § 10 (4). The reasons for the use of a person of trust (§ 11 paragraph 1 Z 2 iVm § 54 para. 3 and 3a SPG) must be justified on the basis of the reasons for each authorisation to be given. Authorisation may be granted only to that extent and for the period likely to be necessary for the performance of the task, but not more than six months; renewals shall be permitted.

(3) The legal protection officer and two of his deputies (legal protection senate) shall decide on the granting of the authorisation to investigate measures pursuant to § 11 (1) Z 2 iVm § 54 (3) and (3a) SPG and § 11 paragraph 1 Z 7. In the event of danger in default, the legal protection officer may provisionally grant the authorisation. In this case, he shall immediately refer the deputies to the legal protection senate; if the authorisation is not confirmed, the investigative measure shall be terminated immediately and the data thus far determined shall be deleted.

Rights and obligations of the legal protection officer

§ 15. (1) The organisational units pursuant to § 1 (3) shall, in the performance of his/her duties, at any time grant the legal protection officer an insight into all the necessary documents and records as well as into the data application in accordance with § 12 para. 1, him , on request, to make copies of individual documents free of charge and to provide all necessary information; in this respect, it cannot be invoked against the matter of secrecy. However, this does not apply to information on the identity of persons in accordance with § 162 StPO.

(2) The legal protection officer shall at all times be given the opportunity to monitor the implementation of the measures referred to in § 14 (2) and to enter all rooms in which recordings or other monitoring results are kept. In addition, within the scope of his tasks, he has to monitor compliance with the obligation to judge or delete according to § 13.

(3) In proceedings concerning complaints from persons concerned of a task pursuant to § 6 (1) Z 1 or 2 before the Data Protection Authority, the Administrative Courts and the Courts of Public Law, the legal protection officer shall have the status of a person concerned. co-participating party.

(4) The legal protection officer shall report to the Federal Minister of the Interior annually by 31 March of the following year at the latest a report on his activities and perceptions within the scope of his duties pursuant to this Federal Act.

Information Affected

§ 16. (1) If the legal protection officer takes the view that the use of personal data has infringed the rights of persons concerned of a task pursuant to § 6 (1) Z 1 or 2 which have no knowledge of this data use, he shall be responsible for the Information or, if such information cannot be made on the grounds of Article 26 (2) of the German Data Protection Act (DSG 2000), is obliged to collect a complaint to the data protection authority in accordance with § 90 SPG. In such proceedings before the Data Protection Authority, § 26 (2) of the German Data Protection Act (DSG 2000) is to be taken into consideration in order to limit the right to information.

(2) After the expiration of the time for which the authorisation has been granted, the person concerned shall be responsible for a task pursuant to § 6 (1) Z 1 or 2 of the organizational units pursuant to § 1 (3) on the basis, type and duration as well as the legal basis of the measures set forth. information. The legal protection officer shall be informed of the information carried out.

(3) The information may be deferred with the consent of the legal protection officer for as long as it would be jeopardising the performance of the duties, and shall not be informed if the person concerned has already been shown to have gained knowledge, the information of the person concerned. It is impossible or cannot be done for the reasons of Section 26 (2) of the DSG 2000.

Reports on police state protection

§ 17. (1) The Federal Office shall draw up a report each year, including the activities of the National Police Directorate-General for the Protection of the Constitution, with which the public, in compliance with legal requirements, shall be required to: Confidentiality requirements, current and possible developments relevant to the protection of the state will be informed.

(2) The Federal Minister for Home Affairs has the standing subcommittee of the Committee on Internal Affairs on the review of measures to protect the constitutional bodies and their capacity to act at its meetings on Report subdirections pursuant to § 8 (2), first sentence.

(3) The Federal Minister of the Interior has the standing subcommittee of the Committee on Internal Affairs to review measures relating to the performance of the tasks under this federal law and the information concerned in accordance with § 16 of the German Federal Law. In any case, the protection of constitutional institutions and their capacity to act should be reported twice a year.

(4) In accordance with Article 15 (4) of the report of the Legal Protection Officer, the Federal Minister for Home Affairs has the standing subcommittee of the Committee on Internal Affairs to review measures for the protection of the constitutional institutions and bodies, and of their ability to act.

(5) The legal protection officer shall have the standing subcommittee of the Committee on Internal Affairs on the review of measures for the protection of the constitutional bodies and their capacity to act for information on essential elements of the In addition, the legal protection officer shall be free to take part in such matters at any time from his/her own to the standing subcommittee. In such a case, he shall communicate his intention to the Chairman of the Standing Subcommittee, who shall ensure that the convening of the Subcommittee is made to be convened.

5. Main piece

Final provisions

entry into force

§ 18. (1) This federal law shall enter into force on 1 July 2016.

(2) Regulations on the basis of this Federal Act may be adopted as from the day following its proclamation; however, they may be put into effect at the earliest with the entry into force of this Federal Law.

Linguistic equality

§ 19. In so far as the names referred to in this Federal Act on natural persons are listed only in male form, they refer to women and men in the same way. The use of the names for certain natural persons shall be subject to the gender-specific form.

References

§ 20. References in this Federal Act to other federal laws are to be understood as references to the version in force in each case.

Transitional provisions

§ 21. (1) Before the entry into force of this Federal Law, authorizations pursuant to Section 91c (3) of the SPG, as amended before the entry into force of this Federal Act, shall be deemed to be authorisations in accordance with Section 14 (2) and shall remain until the fixed date, at the latest until the end of the period. 31 December 2016, continue to apply; for these, the deletion periods shall apply in accordance with § 13.

(2) Personal data that were legally determined before the entry into force of this Federal Act by the organizational units pursuant to § 1 paragraph 3 for the task pursuant to § 21 paragraph 3 of the SPG in the version before the entry into force of this federal law may, according to § 12 (1) and (2) shall be processed in the data application in accordance with § 12.

(3) Local data applications of the organisational units pursuant to § 1 (3), which were conducted before the entry into force of this Federal Act on the basis of Section 53 of the SPG, may be used for the tasks according to the SPG until the data application is fully commissioned. pursuant to § 12, until 1 July 2017 at the latest. In addition, these data applications may only be used for the purpose of acquiring lawfully processed data in the data application in accordance with § 12 and the execution of queries in accordance with other federal regulations or regulations. EU legislation is to be continued until 1 July 2019.

(4) Persons who are already staff members of the organizational units pursuant to § 1 paragraph 3 at the time of entry into force of this Federal Act have the special training for constitutional protection and counter-terrorism provided for in § 2 para. 3 within three years from the date of entry into force.

Enforcement

§ 22. The Federal Minister for Home Affairs is responsible for the enforcement of this federal law.

Article 2

Amendment of the Security Policy Act

The Security Policy Act (SPG), BGBl. No 566/1991, as last amended by the Federal Law BGBl. I n ° 43/2014 and the BGBl agreement. I No 97/2014, shall be amended as follows:

1. In the table of contents, in the entry to § 25 the word "Criminal police" by the word "Security Policy" replaced, and the entry is deleted "§ 93a Information on constitutional bodies" .

2. In § 6 (1), second sentence, after the word "Bundeskriminalamtes" the phrase "and the Federal Office for the Protection of the Constitution and the Counter-Terrorism" as well as after the word " the word "Each" inserted and it will be the word "Organizational Unit" by the word "Organizational Units" replaced.

(3) The following paragraph 3 is added to § 13a:

" (3) For the purpose of documenting acts of conduct in which the bodies of the public security service exercise command and force authority, the open use of image and sound recording equipment, unless otherwise provided for by law, shall be: shall be permitted in accordance with the provisions of this paragraph. Prior to the beginning of the recording, the use shall be announced in such a way that it will be known to the person concerned. The personal data determined in this way may only be evaluated in order to prosecute criminal acts which occurred during the official act and to check the legality of the official act. Until such time as they are evaluated and deleted, the records shall be secured against unauthorized use, in particular by logging any access and encryption of the data, in accordance with the provisions of § 14 DSG 2000. They shall be deleted after six months; if, within that period, the official act is subject to a legal protection procedure, the records shall be deleted only after the conclusion of this procedure. In the case of any use of image and sound recording equipment, particular care must be taken to ensure that interference in the privacy of the persons concerned is proportionate (§ 29) to the occasion. "

4. In § 20, the word "criminal police" by the word "security policy" replaced.

5. According to Article 21 (2), the following paragraph 2a is inserted:

" (2a) The security authorities shall be responsible for the prevention and termination of dangerous attacks against life, health, freedom or property, including on board civil aircraft, in so far as their institutions are based on a reasoned request from the aircraft holder, or shall be on board for the performance of statutory tasks and international law shall not be contrary to that. "

6. § § 21 (3), 63 (1a) and (1b), 91c (3) and (93a) and the title shall be deleted.

7. In the heading to § 25, the word "Criminal police" by the word "Security Policy" replaced.

8. In § 53, the first paragraph of paragraph 1 is deleted and the line item is replaced by one point at the end of Z 6; in paragraph 3, the following text is deleted after the word "Attacks" and the phrase "for extended hazard research under the conditions set out in paragraph 1" and in paragraph 5, the word order shall be deleted "for extended hazard research (§ 21 para. 3)" .

9. In § 53 (3b), after the word order "the international mobile subscriber identification (IMSI) of the" the phrase "from the mate or" inserted.

10. In § 53 (4), the word order shall be "on a general level" through the phrase "For example on the internet publicly" replaced.

11. In Section 53a, the word order is deleted in paragraph 1 "the protection of persons and objects and" .

12. In accordance with Section 53a (1), the following paragraph 1a is inserted:

" (1a) The security authorities may, for the protection of persons and objects, access and identification data concerning the natural or legal person at risk, the required material data, including the vehicle registration number, to the protection of the person or legal entity which is to be protected. Process objects, time, location, reason, and type of writing, as well as administrative data. "

13. In accordance with Section 53a (5), the following paragraph 5a is inserted:

" (5a) Data applications as referred to in paragraph 1a for the protection of constitutional institutions and their ability to act (Section 22 (1) (2)), the representatives of foreign states, international organisations and other subjects of international law (§ 22 (1) (3)) , as well as critical infrastructures (Section 22 (1) (6)), the Federal Minister of the Interior and the State Police Directorates may be employed as data protection entities in a contract operated by the Federal Office for the Protection of the Constitution and the Counter-Terrorism. Information composite system. Transfer of the data processed in accordance with paragraph 1a shall be sent to the security authorities for the purposes of security police and criminal justice, to public prosecutors and ordinary courts for criminal justice purposes, and to services National authorities, in so far as this is an essential condition for the exercise of a legally mandated task, to foreign security agencies and security organisations (§ 2 para. 2 and 3 PolKG) in accordance with the provisions on International police assistance and, incidentally, only admissible if there is an express statutory authorisation. "

14. In § 54, the Z 1 as well as in the fourth paragraph of paragraph 2 are the phrase "and for extended hazard research (§ 21 para. 3)" .

Section 54 (3) reads as follows:

" (3) The obtaining of information by the safety authority without any reference in accordance with paragraph 1 or on behalf of the security authority by other persons (persons of trust) who neither disclose nor allow their order to be disclosed shall be permitted, if otherwise the defence of dangerous attacks or criminal links would be at risk or would be considerably more difficult (concealed investigation). In the context of a covert investigation, apartments and other rooms protected by domestic law may only be entered in agreement with the proprietor; this shall not be brought about by deception via access authorization. "

16. According to Article 54 (3), the following paragraph 3a is inserted:

" (3a) The confidence person shall be led by the safety authority and shall be regularly monitored. Their use and the circumstances surrounding them, as well as information and communications obtained by them, must be documented (§ 13a), provided that they can be of importance for the performance of tasks. § 54a does not apply to covert investigations by persons of trust. "

17. In Section 54 (5), the first sentence shall be followed before the word order "a meeting" the phrase "or in connection with" inserted and the last sentence reads:

" The data obtained in this way may also be used for the prevention and prosecution of dangerous attacks and for the prosecution of criminal acts in matters of security administration, in accordance with Art. III (1) Z 4 of the EC Treaty, § 3 of the German abbreviation and § 3 of the Symbols Act, Federal Law Gazette (BGBl). I No 103/2014, which shall be used in connection with or during the meeting. '

18. In § 58b (2), first sentence, the word shall be: "Asylum Procedures" through the phrase " Procedure according to § 3 of the BFA-procedural law-BFA-VG, BGBl. I No 87/2012, " replaced.

19. § 59 (2) reads:

" (2) Each query and transfer of personal data from the Central Information Collection and the other information composite systems shall be recorded in such a way that a mapping of the interrogation or transmission to a particular organ walter is possible. The assignment to a particular organ walter is not required for automated queries. Automated queries in accordance with § 54 para. 4b are entirely excluded from the logging, unless it is a hit. The log records must be kept for three years and then deleted. "

20. The following paragraph 1a is inserted in accordance with Article 75 (1):

" (1a) The security authorities are empowered to include or belong to a track determined in accordance with the provisions of the StPO, which is likely to have committed or belong to a person suspected of committing an intentional act which is threatened with a criminal penalty, and whose identification could be carried out by means of recognition service measures (Section 64 (2)), for the purpose of their assignment to a person in the central recognition service evidence. Administrative data may also be processed to the track. The data shall be deleted if the suspicion of the storage is no longer present or if the act to be awarded is to be deleted in the service of criminal justice (Section 13a (2)). "

21. In § 75 (2), in the first sentence after the word order "to use" the phrase "and to compare" inserted, in the second sentence before the word "Transmissions" the phrase "Queries and" inserted as well as the quote " 1 " by quoting " 1 and 1a " replaced.

22. In accordance with § 80 (1), the following paragraph 1a is inserted:

" (1a) If information on the data processed in accordance with section 75 (1a) is requested, the security authorities are authorized to oppose the cost of the data (paragraph 1). 1 last sentence) to produce images or papillary line impressions or to identify his DNA, and to compare this data with the data processed in accordance with § 75 (1a). The information is to be discernable if the information advertiser has not been involved in the identification of this data or if he has not made the payment of the costs. The data on the information advertiser determined on the occasion of the request for information shall be kept separately and may be transferred to the data protection authority within a period of one year, in the case of the collection of a complaint pursuant to § 31 DSG 2000 up to the date of the request. to the final conclusion of the procedure, not to be destroyed. "

23. In § 91a (1), the word "two" through the phrase "the required number of" and the phrase "according to the Security Policy Act" through the phrase "in the field of security police" replaced.

Section 91a (2) reads as follows:

" (2) The legal protection officer and his deputies shall have equal rights and obligations. In the area of police state protection (police state protection law-PStSG, BGBl. I n ° 5/2016), they have to inform themselves regularly about their perceptions and to strive for a consensual approach in fundamental questions of task performance. They are appointed by the Federal President on a proposal from the Federal Government after hearing the Presidents of the National Council, as well as the Presidents of the Constitutional Court and the Administrative Court, for a period of five years. Reorders shall be admissible. At least one substitute must be a person who has served as a judge or a public prosecutor for at least ten years and is not excluded in accordance with Section 91b (1) second sentence. The legal protection officer, together with his deputist, has more detailed rules on their interaction, in particular on the representation of the legal protection officer in the event of prevention, the convening of meetings, the composition of the the right to take legal action (Section 14 (3) of the PStSG) as well as its decision-making in a point of order. "

Section 91b (3) reads as follows:

" (3) The Federal Minister of the Interior shall make available to the legal protection officer and his deputites the personnel and material requirements necessary for managing the administrative work, whereby these are the respective legal requirements. The tasks are to be adequately adjusted. For the purpose of granting independence, the legal protection officer shall be provided outside the space of the Directorate-General for Public Security or any of its subordinated safety authorities. The legal protection officer and his deputiors shall be entitled to compensation for the performance of their duties. The Federal Minister for the Interior is empowered to fix flat rates for the purpose of calculating this compensation. "

26. In § 91c (1), the first sentence shall be the quote "(§ 54 para. 3)" by quoting "(§ 54 (3) and (3a))" is replaced, the second sentence is deleted and the word "labelling devices" by the word "Identifier detection devices" replaced.

27. § 91d (1) last sentence reads:

"However, this does not apply to information on the identity of persons in accordance with § 162 StPO."

28. In § 91d, paragraph 3 of the sentence "In such a procedure before the data protection authority, it is necessary to take care of the restriction of the right of access to § 26 (2) of the DSG 2000." in paragraph 4, the line point shall be replaced by one point and the word order shall be deleted "In particular, reference should be made to appropriations in accordance with section 91c (3)." .

29. The following paragraphs 38 and 39 are added to § 94:

" (38) § § 13a (3), 20, 21 (2a), the title of § 25, § § 54 (5), 58b (2), 59 (2), 75 (1a) and (2), 80 (1a) as well as the entry in the table of contents to § 25 in the version of the Federal Law BGBl. I No 5/2016 will enter into force on 1 March 2016.

(39) § § 6 (1), 53 (1), 3, 3b, 4 and 5, 53a (1), (1a) and (5a), 54 (2), (3), (3a) and (4), 91a (1) and (2), 91b (3), 91c (1), 91d (1), (3) and (4), 96 (8) and (9), as well as the table of contents in the version of the Federal Law BGBl (Federal Law). I No 5/2016 will enter into force on 1 July 2016. At the same time, § § 21 (3), 63 (1a) and (1b), 91c (3) and (93a) and (93a) and the title shall not be

30. The following paragraphs 8 and 9 are added to § 96:

" (8) Data based on § 53a (1) in the version before BGBl. I N ° 5/2016 for the protection of persons and property until the date of entry into force of the Federal Law BGBl. I No 5/2016 may be processed on the basis of Section 53a (1a) of the Federal Law Gazette (BGBl). I n ° 5/2016 and under the conditions of Section 53a (5a) of the Federal Law Gazette (BGBl). I N ° 5/2016 will also be conducted in the information system.

(9) § 91a (2) fifth sentence in the version of the Federal Law BGBl. I N ° 5/2016 shall be the case when a deputy of the legal protection officer is re-appointed or reappointed after the entry into force of the Federal Law BGBl. I N ° 5/2016. '

31. The following paragraph 4 is added to § 97:

" (4) § 13a (3) in the version of the Federal Law BGBl. I No 5/2016 shall expire on 31 December 2019. '

Fischer

Faymann