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

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

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2016_I_5/BGBLA_2016_I_5.html

5. Federal law, which adopted the Federal law on the Organization, functions and powers of the police state protection (police State Protection Act - PStSG) and the Security Police Act be amended

The National Council has decided:

Article 1

Federal law on the Organization, functions and powers of the police state protection (police State Protection Act - PStSG)

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General information

Scope of application; Police State protection

1. (1) this federal law regulates the police state protection. This is done in the exercise of the security police.

(2) the police state protection is the protection of constitutional institutions and their ability to act as well as by representatives of foreign States, international organizations and other subjects of international law in accordance with international commitments, critical infrastructure and the population against terrorist, ideologically or religiously motivated crime hazards through espionage, intelligence activities and proliferation, as well as the perception of central functions of international cooperation in these areas.

(3) for the perception of the matters referred to in paragraph 2, the Federal Office for protection of the Constitution and combating terrorism (Federal Office) and in each State are responsible for protection of the Constitution organizational unit of the National Police Directorate as organizational unit of the Directorate-General for public security.

(4) the Federal Minister of the Interior may reserve certain matters the Federal Agency referred to in paragraph 2. In this case can instruct the Federal Office responsible for protection of the Constitution organizational unit of the National Police Directorate with the implementation of individual measures. Also, the Federal Office may order that is to report to him directly on the progress of a matter continuously or at specified intervals.

(5) the Federal Office is working at execution of this federal law, the Federal Minister of the Interior, OU for the respective country Police Directorate responsible for protection of the Constitution.

Organization

2. (1) a Director faces the Federal Office. The Director performs I no. 23/2002, the function as information security officer for the sphere of competence of the Federal Ministry of the Interior according to § 7 of the information Security Act - InfoSiG, Federal Law Gazette.

(2) can be appointed the Director only, who has a degree in law and special knowledge in the field of police state protection.

(3) other staff of the organizational units in accordance with § 1 para. 3 have to undergo a special training for protection of the Constitution and combating terrorism, whose closer content of which to be determined by Ordinance of the Federal Minister of the Interior within two years after the start of the service.

(4) if staff in management positions is not already bodies of the public security service, they may be authorised after successful completion of training (para. 3) to exercise immediate command and coercive power. In this case they are considered as organs of public security according to § 5 para 2 security police law - SPG, Federal Law Gazette No. 566/1991.

(5) before the start of the activity must be any staff of a safety review (§ 55 SPG) undergo for access to secret information. The staff member aspires to a leadership, he must undergo a security clearance for access of to secret information. The security checks can be repeated after three years. In the presence of evidence that a staff member could be no longer trusted, the security check before this deadline must be repeated.

Rules of procedure of the Federal Office

§ 3. The Director of the Federal Agency has set the approval of decisions for the Federal Minister of the Interior within the framework of the business division comes to whom, in which cases the approval is reserved for him and this is who in case of incapacitation (rules of procedure). Before enactment and before any change of the rules of procedure is the Director General of public security to deal with.

Federal Agency as the Central Office

§ 4. The Federal Office performs the following central tasks for the Federal Minister of the Interior:



1. operational coordination body for messages about any form of attacks on computer systems (section 74, paragraph 1 Z 8 Penal Code - StGB, BGBl. No. 60/1974) of constitutional institutions (article 22, paragraph 1 Z 2 SPG) as well as critical infrastructures (article 22, paragraph 1 Z 6 SPG) after the §§ 118a, 119, 119a, 126a, 126b and 126 c StGB;

2. hotlines for any form of activity in the Nazi sense under the Prohibition Act - VerbotsG, Gazette No. 13/1945 (Registrar NAZI activities);

3. performing security checks (§ 55 SPG);

4. the Organization of building safety of buildings used by the German Federal Ministry of the Interior;

5. international cooperation in the field of the protection of the State; the cooperation of the National Police Directorate with neighbouring regional security services OU responsible for protection of the Constitution remains unaffected.

Applicability of the Security Police Act

§ 5. This federal law not special unless otherwise provided, the Security Police Act applies.

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Tasks in the field of police state protection

Advanced research on risk and protection from attacks hazardous to constitutional

Section 6 (1) are the responsibility of the organizational units in accordance with section 1, paragraph 3



1. the extended danger research; This is the observation of a grouping, if with regard to their existing structures and to account to alterations developments in their environment is that it comes to with serious danger for public safety of related crime in particular to religious or ideologically motivated violence;

2. the preventive protection from hazardous to constitutional attacks by one person, unless you have a reasonable suspicion of danger for such an attack (section 22 par. 2 SPG);

3. protection against hazardous to constitutional attacks based on information services of domestic authorities, foreign security agencies and security organizations (article 2, par. 2 and 3 police cooperation law - PolKG, Federal Law Gazette I no. 104/1997) as well as by institutions of the European Union or the United Nations to individuals who are suspected to have carried out a situation, which corresponds to an attack hazardous to constitutional from abroad.

(2) a Constitution to be a dangerous attack is the threat of legal goods



1 through the illegal implementation of Act structure one after §§ 278 b to 278f or, as far as the assets subject to the control of a terrorist group, according to § 165 paragraph 3 Criminal Code offence;

2. through the illegal implementation of Act stock one according to §§ 274 para 2 first case, 279, 280, 283 paragraph 3 or referred to in § 278c StGB offence, if it is ideologically or religiously motivated;

3. through the illegal implementation of Act structure one after sections 242 and 246 StGB, the fifteenth section of the criminal code, or after the VerbotsG offence;

4. through the unlawful and intentional implementation of Act structure one after §§ 175, 177a, 177b of the criminal code, sections 79 to 82 foreign trade law 2011 - AußWG 2011, Federal Law Gazette I no. 26/2011, § 7 war material act - KMG, BGBl. No. 540/1977, § 11 sanction Act 2010 - SanktG, Federal Law Gazette I no. 36/2010, according to §§ 124, 316, 319 or 320 StGB as well as after the sixteenth section of the Criminal Code offence;

5. through the illegal implementation of Act stock one according to §§ 118a, 119, 119a, 126a, 126b or 126c StGB offence against constitutional institutions and their capacity to Act (article 22, paragraph 1 Z 2 SPG) as well as critical infrastructures (article 22, paragraph 1 Z 6 SPG).

Police State protection related advice

§ 7. The OUs in accordance with § 1 para. 3 are for the Constitution to be a dangerous attack prevention, in particular in the field of cyber-security, promoting the willingness and ability of the individual to gain knowledge about a threat to his legal interests and accordingly to prevent attacks.

Information of constitutional institutions

8. (1) includes the perception of tasks under this Federal Act also the analysis and assessment of national security-related threats resulting from hazardous to constitutional developments abroad, to inform of constitutional institutions, if not the execution area of the Federal Ministry for defence and sports is concerned.

(2) on national security-related threats are the Supreme organs of execution (art. 19 B-VG) and where is this information for the performance of legal duties under whose jurisdiction of importance with the leadership of the legislative bodies of the Federal and State Governments to teach responsible organs. Also mentioned are to inform, which are for the performance of their duties essential circumstances.

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Use of personal data in the area of police state protection

General information


9. (1) the organizational units in accordance with § 1 para. 3 have the proportionality when you use (processing and transfer) of personal data (§ 29 SPG) Note. When using sensitive and criminally relevant data they have adequate arrangements to safeguard the confidentiality interests of those affected. Investigations of personal data under this Federal Act is an intervention in that of article 157, paragraph 1 Z 2-4 code of Criminal Procedure - StPO, BGBl. No. 631/1975, protected right not allowed. Section 157, paragraph 2 shall apply mutatis mutandis StPO.

(2) personal data may be used only by organizational units pursuant to § 1 paragraph 3 according to this main piece as far as this is necessary for carrying out the tasks entrusted to them. Appropriations in other federal laws remain unaffected.

Discovery service for purposes of police state protection

10. (1) the organizational units in accordance with § 1 para. 3 to determine personal data and process for



1 extended danger research (article 6, paragraph 1 Z 1), 2. preventive protection against attacks hazardous to constitutional (article 6, paragraph 1 Z 2), 3. protection against hazardous to constitutional attacks based on information services of domestic authorities, foreign security agencies and security organizations as well as institutions of the European Union or the United Nations (article 6, paragraph 1 Z 3) and 4. information of constitutional institutions (§ 8), where sensitive data in accordance with § 4 Z 2 Privacy Act 2000 - DSG 2000 , Federal Law Gazette I no. 165/1999, only to the extent determined processed may be and, as they are strictly necessary for the performance of the task.

(2) the organizational units in accordance with § 1 para. 3 to determine data that have legally processed in enforcement by federal or state laws for the purposes of paragraph 1 and process. An automation-supported data matching within the meaning of § 141 StPO is does not include them. Without prejudice to existing bans on delivery.

(3) the organizational units in accordance with § 1 para. 3 are entitled, by the services of the local authorities, the other bodies of public law and the to obtain information they need to carry out their tasks according to para 1 Nos. 1 and 2 of these operated institutions. A refusal of information is permitted only insofar as other public interests outweigh or one of the official secrecy (art. 20 para 3 B-VG) is beyond any other legal obligation to maintain secrecy.

(4) the organizational units in accordance with § 1 para 3 are authorized in certain cases, to use 1 and 2 personal image data Z, have legally determined legal entities of public or private sector through the use of image and sound recording equipment, sent to the security authorities, when otherwise the task fulfilment would be endangered or significantly more difficult for the performance of their duties referred to in paragraph 1. It is particularly important to ensure that that interference in the privacy of the persons concerned the proportionality (§ 29 SPG) true for the occasion. The use of data about non-public behavior is not permitted.

(5) apart from the cases of paragraph 2 to 4, as well as the investigations pursuant to section 11 the OUs in accordance with § 1 para. 3 are entitled for purposes of paragraph 1, to retrieve personal data from all other available sources using appropriate means, in particular through access to public Internet accessible data, and process. Section 2, second sentence, shall apply.

Special provisions for the investigation

§ 11 (1) to the extended danger research (article 6, paragraph 1 Z 1) and to the preventive protection against attacks hazardous to constitutional (article 6 par. 1 Z 2) the discovery of personal data in accordance with article 9 and under the conditions of § 14 is allowed through



1. observation (§ 54 paragraph 2 SPG), if the observation would be otherwise impossible or substantially more difficult by technical means (§ 54 para 2a SPG);

2. undercover investigation (§ 54 para 3 and 3a SPG) if the performance of the task by using other investigative steps would be futile.

3. use of image and sound recording devices (§ 54 para 4 SPG); This may be covered if the performance of the task would be otherwise impossible;

4. use of license plate recognition devices (§ 54 para 4 b SPG) to the automated comparison with license plate number processed according to article 12, paragraph 1;

5. obtaining information according to §§ 53 para 3a No. of 1 to 3 and 53 paragraph 3 b SPS for a grouping according to article 6, paragraph 1 Z 1 or a person concerned pursuant to section 6 para 1 Z 2 as well as their respective contact or accompanying persons (article 12, paragraph 1 Z 4) by operators of public telecommunications services (article 92 para. 3 Z 1 Telecommunications Act 2003 - TKG 2003, Federal Law Gazette I no. 70/2003) and other service providers (§ 3 Z 2 E-commerce law - ECG) , Federal Law Gazette I no. 152/2001), if the performance of the task by using other investigative measures futile.

6 obtaining information about contact details, number and type of travel document, as well as payment information of a person according to § 6 paragraph 1 Z 2, the booking date, itinerary, travel status, ticket data, number and names of fellow passengers in the context of a booking of passenger transport companies to one of them provided power;

7 obtaining information about traffic data (article 92 para. 3 Z 4 TKG 2003), access data (§ 92 para. 3 Z 4a TKG 2003) and location data (§ 92 para. 3 Z 6 TKG 2003), the not of information referred to in paragraph 1 Z 5 subject to a grouping according to § 6 para 1 Z 1 or a concerned according to § 6 paragraph 1 Z 2 by operators of public telecommunications services (article 92 para. 3 Z 1 TKG 2003) and other service providers (§ 3 Z 2 ECG) , if this prevention of attack hazardous to constitutional, whose realization with considerable punishment (§ 17 SPG) is threatened, appears necessary and carry out the task by using other investigative steps would be futile. An authorization shall be issued only for those future or even past period is expected to be needed to achieve the purpose.

The investigation is to end as soon as their conditions are eliminated.

(2) in the cases of paragraph 1 Z 5 to 7, the requested Party is obliged to provide the information. The replacement of costs in the cases of paragraph 1 Z 5 with regard to article 53, par. 3 b SPG and paragraph 1 Z 7 depends on the monitoring costs regulation - ÜKVO, Federal Law Gazette II No. 322/2004.

(3) the obtaining of information referred to in paragraph 1 Z 7 has the obligation referred to in paragraph 2 and its scope, as well as the obligation to keep secret related facts and operations to third parties with the empowerment, to apply and to lead such authorisation of rights Senate the Federal Agency of the authority to obtain the information requested.

Data applications

Section 12 (1) the Federal Minister for the Interior and the National Police Directorate may as privacy in an information system operated by the Federal Agency for the purpose of the assessment of probable hazards and to identify correlations and structures by means of operational or strategic analysis



1 to a grouping according to § 6 paragraph 1 Z 1 a) name, b) previous names, c) alias data, d) address/stay, e) legal form /-status, f) factual data to communication and transport means including registration number/license plate and g) information about economic and financial conditions, including the related legal entities, 2. to interested parties pursuant to section 6 para 1 Z 2 a) name, b) previous names ,

c)
Aliasdaten,

d)
Namen der Eltern,

e)
Geschlecht,

f)
Geburtsdatum und Ort,

g)
Staatsangehörigkeit,

h)
Wohnanschrift/Aufenthalt,

i)
Dokumentendaten,

j)
Beruf, Qualifikation und Funktion/Beschäftigung/Lebensverhältnisse,

k)
Daten, die für die Einreise- und Aufenthaltsberechtigung maßgeblich sind,

l)
sachbezogene Daten zu Kommunikations- und Verkehrsmittel sowie Waffen einschließlich Registrierungsnummer/Kennzeichen,

m)
Lichtbild und sonstige zur Personenbeschreibung erforderliche Daten,

n)
erkennungsdienstliche Daten und

o)
Informationen über wirtschaftliche und finanzielle Verhältnisse einschließlich damit im Zusammenhang stehender Daten juristischer Personen , 3. suspect of attack hazardous to constitutional the data types after Z 2 a) to o), 4 to contact or escorts, are directly and not just randomly with a grouping by Z 1, concerned after no. 2 or suspects after no. 3 in conjunction and where reasonable grounds for believing, that about it for the fulfilment of the task obtained relevant information can be , the data types after Z 2 a) m) up as quickly as possible to be clarified the relationship with these people, 5 to whistleblowers and other respondents the data types after Z 2 a) to j) and tat - and case-related information and administrative data processing that have been identified in accordance with articles 10 or 11 or on the basis of the SPS or the StPO. As far as this is necessary to fulfill the purpose (para. 1), sensitive data within the meaning of section 4 may be processed 2 DSG 2000 Z.


(2) the data is to be checked before processing the data application for relevance and accuracy, as well as to update while using. Data prove to be incorrect, then these are to rectify or delete, unless further processing of false information with the marking "incorrect" is required to fulfill the purpose (para. 1). If setting of investigation or termination of the proceedings of a public prosecutor or a run data note the setting or closure of the proceedings and of the known reason to update. A update or rectification of data according to para 1 subpara 1 lit. a to d and subpara 2 lit. each client may perform a up to i. The contracting authority has processed the data subject be informed.

(3) data are subject to § 13 to delete. Data on suspects under par. 1 Z 3 and related persons referred to in paragraph 1 are Z 5 at the latest after five years to delete persons pursuant to par. 1 Z 4 at the latest after three years. Data for contacts and associates in accordance with paragraph 1 are Z 4 to delete, if there is no grounds for the assumption that about it for the accomplishment of the task-related information can be obtained at any rate.

(4) deliveries are to the security authorities for purposes of security police and criminal justice, public prosecutor's offices and ordinary courts for purposes of criminal justice, constitutional institutions in accordance with article 8, and in addition to services of domestic authorities, as far as this is essential to carry out a task conferred upon it by law on foreign security agencies and security organizations (article 2, par. 2 and 3 PolKG) as well as the institutions of the European Union or the United Nations according to the provisions of the international police assistance allowed.

(5) any query and transfer of personal data must be log that it assign the query or submission to a certain officials. The log records are to be kept three years and then to delete.

(6) the monitoring of the application of the data referred to in paragraph 1 is the right protection officer in accordance with § 91 c para 2 SPG, and article 15, paragraph 1.

(7) Furthermore, the Federal Office is authorized in accordance with § 54 b SPG, personal data of people, the information about the performance of the task of the extended danger research (article 6, paragraph 1 Z 1), preventive protection from attacks hazardous to constitutional (article 6, paragraph 1 Z 2), to ward off dangerous attacks or criminal connections (§ 21 para 1 SPG) pass process.

Special deletion duty

As far as a task turns Z 1 or 2 according to article 6, paragraph 1, are, the personal data determined in accordance with this federal law § 13 (1) to delete, if after no task for the organizational units in accordance with § 1 para. 3 of the time, was given the authorization to do so. Moreover the immediate deletion can be avoided, if with regard to the grouping or the persons concerned on the basis of certain facts, in particular because of constitutional hazardous activities abroad, it can be expected that she once again will give rise to a task Z 1 or 2 according to article 6, paragraph 1. The organizational units in accordance with section 1, paragraph 3 have this data once a year to check whether their further processing is required. If two years after no task for the organizational units in accordance with § 1 para. 3 of the time, was given the authorization to do so, requires further processing for another year of empowerment of the legal protection officer (article 15). After six years, the data anyway, is to delete.

(2) is the data subject informed after the end of the authorization in accordance with § 16 par. 2 of the OUs in accordance with § 1 para. 3, the personal data determined in accordance with this federal law are without prejudice to paragraph 1 for six months to be kept; This period is extended by that period of time, as the information of the data subject is postponed according to § 16 para 3. Additionally, the data not before conclusion of a legal protection procedure to delete. In this case is the data access block and may be used only for the purpose of informing interested parties or a legal protection procedure.

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Legal protection in the field of police state protection

Legal protection officer

Section 14 (1) the legal protection officer (§ 91a SPG) special legal protection for the tasks incumbent after § 6 para 1 Nos. 1 and 2, as well as monitoring the data application according to § 12 para 6.

(2) the organizational units in accordance with § 1 para 3, which is a task in accordance with § 6 para 1 provides such as 1 or 2, have to obtain the authorization of right protection officer in the ways of the Federal Minister of the Interior before carrying out the task. The same is true, intended to put special investigative measures pursuant to section 11 or to process measured data in accordance with § 10 section 4 is. Each obtain an empowerment is to establish, in particular, the reasons for the use of a trusted third party are in it (article 11, para. 1 No. 2 in conjunction with § 54 para 3 and 3a SPG) to lead. An authorisation may be granted only to the extent and for the period is expected to be needed to perform the task, but no more than for a period of six months; Extensions are allowed.

(3) on the grant of the authorization to investigative measures pursuant to § 11 para 1 No. 2 in conjunction with § 54 para 3 and 3a SPG and article 11 par. 1 Z 7 decide the right protection officer and two of his deputies by majority vote (Senate of legal protection). At the imminent danger, the right protection officer can provisionally grant the empowerment. In this case, he has immediately to address the Deputy members of the legal protection Senate; If the authorization is not confirmed, is the investigative measure to stop immediately and the data so far obtained are to delete.

Rights and obligations of the legal protection officer

The organizational units in accordance with section 1, paragraph 3 have section 15 (1) at any time to give insight in all necessary documents and records, as well as to the application in legal safety in carrying out its responsibilities according to article 12, paragraph 1, on request free of charge to follow out copies (photocopies) individual pieces of the file, and to furnish all necessary information; in this respect can be asserted against secrecy him. This does not apply StPO but for information concerning the identity of persons in accordance with the § 162.

(2) the legal protection officer is to provide at any time, to monitor the implementation of the measures referred to in article 14, paragraph 2 and to enter all premises where recordings or other monitoring results are kept. In addition, he has within the framework of its tasks to monitor the compliance with the obligation to correction or deletion according to § 13.

(3) in proceedings on complaints by affected of a task according to § 6 paragraph 1 Z 1 or 2 before the data protection authority, the administrative courts and the courts of public law the position of an involved official party comes to the right protection officer.

(4) the Rights Commissioner reimbursed the Federal Minister of the Interior annually until no later than 31 March of the following year one report on its activities and perceptions within the framework of its tasks under this Federal Act.

Information of interested parties

Section 16 (1) is that true, that by using of personal data rights, violated Z 1 or 2 by affected of a task according to § 6 paragraph 1 who have no knowledge of the use of this data, legal protection officer so he to their information or, if such reasons of § 26 para 2 no can be DSG 2000, for making a complaint to the data protection authority according to article 90 shall SPG. In such a process before the data protection authority, DSG is § 26 para 2 2000 on limitation to take account of the right to information.

(2) after the time for which the authorization was granted, the person concerned of a task is Z 1 or 2 of the OUs in accordance with § 1 para 3 above ground, to inform type and duration, as well as the legal basis for the implementation of measures according to article 6, paragraph 1. The right protection officer in knowledge is carried out information.

(3) the information can be postponed with the agreement of the legal protection officer as long as through the fulfilment of tasks would be compromised, and cease when the person concerned has already proven to become aware, the information of the data subject is impossible, or for the reasons of § 26 para 2 DSG 2000 can be drawn.

Reports on the police state protection

Section 17 (1) has the Federal Office to create a report that will inform the public in accordance with statutory duties of confidentiality, on current and potential national security-related developments, including the activities of the National Police Directorate OU responsible for protection of the Constitution annually.


(2) the Federal Minister of the Interior, first sentence, has the Permanent Subcommittee of the Committee on Internal Affairs to review measures for the protection of the constitutional institutions and their capacity to act at its meetings about teachings according to § 8 para 2 to report.

(3) on the fulfilment of the tasks under this federal law, as well as the information of persons concerned according to § 16, the Federal Minister of the Interior has at least twice a year to report the Permanent Subcommittee of the Committee on Internal Affairs to review measures for the protection of constitutional institutions and their capacity to act.

(4) the Federal Minister of the Interior has to submit the Permanent Subcommittee of the Committee on Internal Affairs to review measures for the protection of the constitutional institutions and their capacity to act the report of the legal protection officer pursuant to § 15 para 4.

(5) the legal protection officer has to be the Permanent Subcommittee of the Committee for Home Affairs to review measures for the protection of constitutional institutions and their capacity to act for information about key developments available; also, it is free in legal safety in such matters at all times by the Standing Subcommittee to approach. In such a case, he has his intention to inform the Chairman of the Permanent Subcommittee which ensures an immediate call-up.

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Final provisions

Entry into force

18. (1) this federal law 1 July 2016 into force.

(2) Regulations under this Federal Act can be adopted as of the day following its publication. they may be implemented at the earliest with the entry into force of this federal law.

Linguistic equal treatment

§ 19. As far as this federal law to natural persons are related names only in the male form, they relate to women and men in the same way. In applying the terms to certain individuals, the gender-specific form is to use.

References

20 references in this Federal Act on other federal laws are to be understood as references to the applicable version.

Transitional provisions

21. (1) before entry into force of this federal law granted appropriations in accordance with § 91 c par. 3 SPG as amended before the entry into force of this federal law apply as appropriations pursuant to § 14 para 2 and remain until the set time, until December 31, 2016 at the latest, continue to be valid; the deletion periods according to § 13 shall apply for this.

(2) personal data lawfully obtained SPG before entry into force of this Federal Act of the OUs in accordance with § 1 para 3 for the task according to § 21 para 3 as amended before the entry into force of this federal law, may be processed in accordance with section 12, paragraph 1 and 2 in the application in accordance with § 12.

(3) local data applications of organizational units in accordance with § 1 para 3, taken before entry into force of this Federal Act on the basis of § 53 SPG, must for the tasks to the SPG until the full commissioning of the data application according to § 12, maximum up to 1 July 2017 will be continued. In addition, these data applications exclusively for the purposes of the acquisition of lawfully processed data to the application according to § 12 and performing queries in accordance with other bundesgesetzlicher schemes or Union legislation until 1 July 2019 may be continued.

(4) persons who are already servants of the organizational units in accordance with § 1 para. 3 at the time of entry into force of this federal law, have to attend special training provided for in § 2 para 3 for protection of the Constitution and combating terrorism within three years from the date of entry into force.

Enforcement

section 22. The Federal Minister for Home Affairs is entrusted with the execution of this Federal Act.

Article 2

Amendment of the Security Police Act

The Security Police Act (SPG), Federal Law Gazette No 566/1991, as last amended by Federal Law Gazette I no. 43/2014 and the by-laws Federal Law Gazette I no. 97/2014, is amended as follows:

1. in the table of contents, the word "Criminal" by the word "Security" is replaced in the entry for section 25 and it eliminates the entry "section 93a information of constitutional institutions".

2. in article 6, paragraph 1, second sentence, the phrase "and of the Federal Office for protection of the Constitution and combating terrorism" are after the word "Federal Criminal Police Office" as well as "respectively" inserted after the word "is the word", and it replaced the word "OU" with the word "OU".

The following paragraph 3 is added to § 3. 13a:

"(3) for the purpose of documentation of official acts, in which the organs of public security exercise command and coercive power, the open use of image and sound recording devices, is provided by law not else is determined in accordance with the provisions of this paragraph allowed." Before the start of the recording is the use in such a way to announce that he is known to the person concerned. The personal data obtained in this way are allowed only for the prosecution of criminal offences, which occurred during the official act, as well as for controlling the legality of the Act will be evaluated. To their evaluation and deletion, the records pursuant to the provisions of § 14 are DSG 2000 from unauthorized use, in particular through logging each access and encryption of data, secure. You are for six months to delete; it comes within this period due to the deed to a legal protection procedure, the records are so only after this procedure to delete. Any use of image and sound recording equipment is particularly important to ensure that interference in the privacy of the persons concerned keep the disproportionality (§ 29) for the occasion."

4. in article 20 the Word replaces "criminal" "security" the word.

5. According to article 21, paragraph 2, the following paragraph 2a is inserted:

"(2a) responsibility for the security authorities defence and termination of dangerous attacks against life, health, freedom or property on board civil aircraft, where are their bodies at the reasoned request of the aircraft operator, or to carry out statutory tasks on board and does not preclude the international law."

6. the sections 21 paragraph 3, 63 par. 1a and 1B, 91 c par. 3 and 93a and header be dropped.

7. in the heading to section 25 is replaced "Criminal" "Security" by the word.

8. in article 53, the Z 2a and 7 accounts for in paragraph 1 and it is the semicolon by a point at the end of the No. 6 replaces, accounts for the comma after the word "Attacks" and the phrase "for advanced risk exploring under the conditions laid down in paragraph 1" in paragraph 3 and in paragraph 5, the phrase "for the extended danger research (§ 21 ABS. 3)" is eliminated.

9. in article 53, paragraph 3 b is to the phrase "the international mobile subscriber identity (IMSI) of" the phrase "of the Gefährder or" inserted.

10. in article 53, paragraph 4, the phrase "in General" is replaced by the phrase "in public on the Internet".

11 in section 53a eliminates the phrase in paragraph 1 ' the person and object protection and ".

12. According to § 53a para 1, the following paragraph 1a is inserted:

"(1a) the security authorities allowed for the protection of persons and object Erreichbarkeits-and identification data on the endangered natural or legal person, that process required factual information including license plate number to the objects to be protected, to time, place, reason and type of intervention and management data."

13. According to § 53a para 5, the following paragraph 5a is inserted:

"(5a) data applications according to par. 1a for the protection of constitutional institutions and their capacity to Act (article 22, paragraph 1 Z 2), the representatives of foreign States, international organizations and other subjects of international law (article 22, paragraph 1 Z 3) as well as critical infrastructures (article 22, paragraph 1 No. 6) may lead the Federal Minister of the Interior and the National Police Directorate as privacy customer in one of the Federal Office for the protection of the Constitution and combating terrorism-driven joint information system." Transfers of the data processed in accordance with paragraph 1a are to security authorities for purposes of security police and criminal justice, public prosecutor's offices and ordinary courts for purposes of criminal justice, in addition to services of domestic authorities, as far as this is essential to carry out a task conferred upon it by law on foreign security agencies and security organizations (§ 2 para 2 and 3 PolKG) in accordance with the provisions concerning international police assistance and the only permissible ", if for this purpose an explicit statutory authorization."

14. in article 54 the Z 1 accounts for in paragraph 2 and in paragraph 4 the phrase 'and the extended danger research (§ 21 ABS. 3)'.

15 paragraph 54 para 3:


"(3) the obtaining of information by the security authority without notice referred to in paragraph 1 or on behalf of the safety authority by other persons (trust), which can be neither openly put their job nor detect, is allowed, if otherwise the defense of more dangerous attacks or criminal connections would be at risk or significantly more difficult (undercover investigation). Apartments and other rooms protected from the householder's rights may be entered in the framework of a covert investigation only in agreement with the owner; This may be not induced by deception access permission."

16. According to article 54, paragraph 3, the following paragraph 3a is inserted:

"(3a) the trusted third party is lead by the safety authority and regularly monitor. Their use and its further circumstances as well as information and communications obtained through them must be documented (§ 13a) as long as they can be for the tasks of importance. § 54a does not apply to undercover work by persons of trust."

17. in article 54, paragraph 5 the phrase "or in connection with" is inserted in the first set before the phrase "a meeting" and the last sentence reads:

"The data obtained in this way may also for the defense and prosecution dangerous attacks and to prosecute criminal acts in matters of security administration, pursuant to article III paragraph 1 Z 4 IX, § 3 AbzeichenG and § 3 symbols Act, Federal Law Gazette I no. 103/2014, occurring in connection with or during the meeting, be used."

18. in paragraph 58b para 2 first sentence is the word "Asylum" by the phrase "procedure according to § 3 BFA procedure BFA-VG, Federal Law Gazette I no. 87/2012," replaced.

19 paragraph 59 paragraph 2:

"(2) any query and transfer of personal data from the central information collection and the other joint information system is to record that it assign the query or submission to a certain officials. The mapping to a specific officials is not required for automated queries. Are logging completely excluded automated queries pursuant to § 54 para 4 b, unless it's a hit. The log records are to be kept three years and then to delete."

20. According to article 75, paragraph 1, the following paragraph 1a is inserted:

"(1a) the security authorities are empowered, a determined according to the provisions of Ccrp track, which belongs to a person who is suspected to have committed an intentional act threatened with judicial punishment, or should belong to, and which carried out criminal actions determining could (§ 64 para 2) for the purpose of their association to a person in the central criminal evidence to process. Administrative data may be processed to the track. The data is to delete, if relevant for storage no longer suspected of or the related having Act in the service of criminal justice to delete (article 13a par. 2)."

21. in section 75, paragraph 2 "to use" the phrase "and to compare" is inserted in the first sentence after the word order, in the second sentence, before the word "Submissions" the phrase "queries and" inserted and replaced the quote "Paragraph 1" by the quote "paragraphs 1 and 1a".

22. According to article 80, paragraph 1, the following paragraph 1a is inserted:

"(1a) provided information about the pursuant to section 75, paragraph 1a is sought processed data, are the security authorities empowered against cost reimbursement (para 1 last sentence) of the person requesting pictures or Papillar line prints to establish or determine its DNA, and this data with the according to section 75 para 1a processed data to compare." Supply the information is predictably, when the person requesting information not involved in determining this data or he is not paid the reimbursement of costs. The data determined on the occasion of the request for information about the person requesting information must be kept separately and DSG 2000 to the data protection authority until the final conclusion of the proceedings, may not be destroyed within a period of one year, in case of making a complaint in accordance with section 31."

23. in article 91a, para. 1, "two" by the phrase are the word "the required number of" and the phrase "according to the Security Police Act" is replaced by the phrase "in relation to the security police".

24 § 91a para 2 is as follows:

"(2) the Rights Commissioner and his Deputy have equal rights and obligations. In the area of police state protection (police State Protection Act - PStSG, Federal Law Gazette I no. 5/2016) they have to inform regularly about their perceptions and to pursue a consensual approach to fundamental questions of fulfilment of the tasks. They are ordered by the Federal President on a proposal from the Federal Government after consultation with the President of the National Council and the President of the Constitutional Court and the Administrative Court for a period of five years. May be reappointed. At least a Deputy's must be a person, who worked for at least ten years as a judge or Prosecutor and is not in accordance with section 91 b para 1 second sentence. "Together with his deputies, the right protection officer has detailed rules to their interaction, in particular through the representation of the protection officer in the case of disability, the convening of meetings, the composition of the Tribunal of the legal protection (§ 14 para 3 PStSG) as well as to make its decision-making in rules of procedure."

25 paragraph 91 b paragraph 3:

"(3) the Federal Minister of the Interior will provide the right protection officer and his deputies that are necessary personnel and thing needs, where appropriate to match the respective statutory tasks to cope with the administrative activities. To the grant of independence are to provide the right protection representative offices outside of the space network of the Directorate-General for public security or one of its subordinate security authority. Compensation is due to the legal protection officer and his deputies for their tasks. The Federal Minister of the Interior is authorized to set flat rates for the calculation of this compensation regulation."

26. in paragraph 91c para 1 is in the first sentence the quote "(§ 54 Abs. 3)" by the quote (§ 54 para 3 and 3a) replaced, it eliminates the second set and it is replaced by the word "License plate recognition devices" the word "Marking detection devices".

27 § 91 d para 1 last sentence reads:

"This does not apply StPO but for information concerning the identity of persons in accordance with the § 162."

28. in paragraph 91, the sentence "Such proceedings before the data protection authority DSG is of information law carefully to take. § 26 para 2 2000 over the limit" adds in para 3; in paragraph 4, the semicolon is replaced by a dot, and it eliminates the phrase "in particular c it on appropriations according to § 91 refer to para 3.".

29. the section 94 are attached following paragraph 38 and 39:

"20, 21 para 2a, (38) §§ 13a, paragraph 3, the heading of § 25, § 54 para 5, 58 b para of 2, 59 para of 2, 75 par. 1a and 2, 80 paragraph 1a, as well as the entry in the table of contents for section 25 as amended by Federal Law Gazette I no. 5 / 2016 come March 1, 2016 into force."

(39) the §§ 6 para 1, 53 paragraphs 1, 3, 3B, 4 and 5, 53a para 1, 1a and 5a, 54 paragraph 2, 3, 3a and 4, 91a, paragraphs 1 and 2, 91 b of paragraph 3, 91 c para 1, 91 d para 1, 3 and 4, 96 paragraph 8 and 9, as well as the table of contents in the version of Federal Law Gazette I no. 5/2016 with 1 July 2016 into force. "At the same time the § contact § 21 para of 3, 63 par. 1a and 1B, 91c par. 3 and 93a and heading out of power."

30. the section 96 are attached following paragraph 8 and 9:

"(8) data, which on the basis of § 53a para 1 as amended by BGBl. I no. 5/2016 for the protection of persons and object until I have been processed at the time of entry into force of the Federal Act Federal Law Gazette No. 5/2016, may on the basis of § 53a para 1a as amended by Federal Law Gazette I no. 5/2016 processed as well as under the conditions of § 53a para 5a as amended by Federal Law Gazette I no. 5/2016 also in the information system run.

"(9) § 91a para 2 fifth set in the version of Federal Law Gazette I no. 5/2016 comes with new or re-appointment of a Deputy of Ombudsman redress after entry into force of the Federal Act Federal Law Gazette I no. 5/2016 to the application."

31 the following paragraph 4 is added to § the 97:

"(4) § 13a para 3 as amended by Federal Law Gazette I no. 5/2016 occurs at the end of 31 December 2019 override."

Fischer

Faymann