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 with which the Federal Act 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 law (police state protection law-PStSG)

1. Main piece

General

Scope of application; Police State Protection

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

(2) Police State Protection serves the protection of constitutional institutions and their ability to act as well as representatives of foreign states, international organizations and other subjects of international law. in accordance with obligations under international law, critical infrastructure and the population against terrorism, ideological or sectarian crime, threats from espionage, intelligence-related activities and Proliferation as well as the perception of central functions of the international cooperation in these fields.

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

(4) The Federal Minister of the Interior may reserve certain matters pursuant to Section 2 of the Federal Office of the Interior. 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 organisational 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) The Federal Office shall have a Director. 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 to the 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 details of which shall be Content is to be determined by the regulation of the Federal Minister of the Interior.

(4) If the staff in management functions are not already members of the public security service, they can, after successful completion of the training (para.  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 may no longer be trustworthy, the security check shall be repeated before the expiry of that period.

Federal Office's Rules of Procedure

§ 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 he/she shall be informed of the In the case of prevention, this is a matter for which it is subject to approval (Rules of Procedure). 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 focal point for messages about any form of attacks on computer systems (Section 74 (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 Office for any form of activity in the National Socialist sense under the Prohibition Act- VerbotsG, StGBl. No 13/1945 (NS-Reactivation report);

3.

The performance of security checks (§ 55 SPG);

4.

Organization of Building Safety of the Federal Ministry of the Interior Buildings;

5.

International cooperation in the field of state protection, 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. As far as this federal law does not specify special provisions, the Security Policy Act applies.

2. Main piece

Tasks in the field of police protection

Advanced Hazard Research and Protection against Constitutional Attacks

§ 6. (1) The Organizational Units according to § 1 (3) are obsolete

1.

Advanced hazard research; this is the observation of a grouping, if it is on their existing structures and on developments in their environment, to be expected to pose a serious threat to the public safety of related crime, in particular to ideological or religiously motivated criminal activities. Violence is coming;

2.

Preventive protection against unconstitutional attacks by a person, if a there is a reasonable suspicion of such an attack (Section 22 (2) of the SPG);

3.

Protection against unconstitutional attacks due to information from services domestic authorities, foreign security agencies or security organisations (§ 2 para. 2 and 3 police cooperation law-PolKG, BGBl.  I n ° 104/1997) and by European Union or United Nations bodies on persons suspected of having carried out a situation in foreign countries which corresponds to a constitutional attack.

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

is punishable by criminal law;

1.

by the unlawful realization of the facts of a crime according to § § 278b to 278f or, if it relates to the power of disposal of property components subject to the control of a terrorist group, in accordance with Section 165 (3) of the Criminal Code (StGB);

2.

by the unlawful realization of the facts of a case according to § § 274 (2), first fall, 279, 280, 283 (3) or in Section 278c of the Criminal Code (StGB), provided that this act is ideologically or religiously motivated;

3.

by the unlawful realization of the facts of a case according to § § 242 and 246 of the German Civil Code (StGB), the the fifteenth section of the StGB or the prohibitive action under the Prohibition Act;

4.

due to the unlawful and intentional realization of the facts of a case according to § § 175, 177a, 177b StGB, § § 79 bis 82 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.

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

State-of-the-art advisory services

§ 7. The organisational units referred to in § 1 (3) are responsible for preventing unconstitutional attacks, particularly in the field of cybersecurity, and the promotion of preparedness and readiness for action. The ability of individuals to become aware of a threat to their legal assets and to prevent attacks accordingly.

Information on Constitutional Institutions

§ 8. (1) The performance of the fulfillment of tasks under this federal law also includes the analysis and assessment of state-protection-related threat situations, which are also based on The Federal Minister for Defence and Sport will be able to provide information on constitutional bodies, unless the Federal Minister for National Defence and Sport is concerned with the full-education sector.

(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 circumstances which are essential for the performance of their duties.

3. Main piece

Using personal data in the field of police protection

General

§ 9. (1) The organizational units according to § 1 (3) have to comply with the proportionality (§ 29 SPG) when using (processing and transfer) personal data. 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.

Investigation service for purposes of police state protection

§ 10. (1) The organizational units according to § 1 para. 3 may determine and further process personal data for

1.

Advanced hazard research (§ 6 para. 1 Z 1),

2.

Preventive protection against unconstitutional attacks (§ 6 para. 1 Z 2),

3.

Protection against unconstitutional attacks due to information from services national authorities, foreign security agencies or security organisations, as well as bodies of the European Union or United Nations (Section 6 (1) (3)) and

c)

4.

The information of constitutional entities (§ 8),

sensitive data is in accordance with § 4 Z 2 Data Protection Act 2000-DSG 2000, BGBl.  I No 165/1999, only in so far as it is strictly necessary for the performance of the task to be carried out.

(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 remain unaffected.

(3) The organisational units referred to in Article 1 (3) shall be entitled to provide information from the services of the local authorities, the other public authorities and the institutions operated by such bodies. in order to carry out their tasks pursuant to paragraph 1 (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 organizational units according to § 1 paragraph 3 are authorized in individual cases to use personal image data for the performance of their tasks pursuant to Section 1 (1) and (2), the legal entities of the public or private They have been lawfully identified by the use of image and sound recording equipment 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 para. 2 to 4 as well as the investigations pursuant to § 11, the organizational units are entitled to personal data from all other available sources for the purposes of Section 1 (3) for the purposes of Section 1. by using appropriate means, in particular by accessing, for example, data publicly available on the Internet, and to continue to process it. Second sentence of paragraph 2.

Specific provisions for investigation

§ 11. (1) For extended hazard research (§ 6 para. 1 Z 1) and preventive protection against unconstitutional attacks (§ 6 para. 1 Z 2), the determination of personal data is based on Subject to § 9 and under the conditions of § 14 permissible by

1.

Observation (§ 54 para. 2 SPG), if the observation is otherwise hopeless or essential It would be difficult to use technical means (Section 54 (2a) of the SPG);

2.

Hidden investigation (§ 54 para. 3 and 3a SPG) if the task is to be fulfilled by using other investigative measures would be hopeless;

3.

Use of image and sound recording devices (§ 54 para. 4 SPG), which may be hidden, if the fulfillment of the task would otherwise be hopeless;

4.

The use of label recognition devices (§ 54 para. 4b SPG) for automated matching with Car license plates, which are processed according to § 12 para. 1;

5.

The collection of information according to § § 53 (3a) Z 1 to 3 and 53 (3b) of the SPG into a grouping after § 6 para. 1 Z 1 or a person concerned pursuant to § 6 para. 1 Z 2 as well as to their respective contact persons or accompanying persons (§ 12 para. 1 Z 4) of operators of public telecommunications services (§ 92 paragraph 3 Z 1 Telecommunication 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.

Get information on the contact details, number and type of travel document, and Payment information of a person concerned in accordance with § 6 (1) Z 2, date of booking, travel travel, travel status, ticket data, number and names of fellow passengers as part of a booking of passenger transport companies to one of them Performance;

7.

The collection of information on traffic data (§ 92 (3) Z 4 TKG 2003), access data (§ 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 group pursuant to § 6 paragraph 1 Z 1 or to a person concerned pursuant to § 6 para. 1 Z 2 of operators of public telecommunications services (Section 92 (3) (1) of the TKG 2003) and other service providers (§ 3 Z 2 ECG), if this is to prevent It would appear necessary and the fulfillment of the task would be hopeless through the use of other investigative measures, which would be a threat to the constitution (§ 17 SPG). 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 determination is to be terminated as soon as its prerequisites are omitted.

(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 facts and operations related to the authorization to be kept secret from third parties, and to give the appropriate authorisation to the legal protection senate.

Data applications

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

1.

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

a)

Names,

)

earlier names,

)

Alias data,

d)

Address/Stay,

e)

Legal Form/Status,

f)

Data related to communication and transport including Registration number/tag and

)

Information on economic and financial conditions, including the Related data of legal entities,

2.

to affected persons in accordance with § 6 para. 1 Z 2

a)

Names,

)

earlier names,

)

Alias data,

d)

Name of parents,

e)

Gender,

f)

Date of birth and place,

g)

Nationality,

h)

Home address/stay,

i)

Document data,

j)

Occupation, qualification and function/employment/living conditions,

)

Data that is relevant to the entry and residence permit

l)

Data related to communications, transport, and weapons, including Registration number/tag,

)

Light image and other data required for person description,

n)

Discovery service data and

o)

Information on economic and financial conditions, including the Related data of legal entities,

3.

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

4.

to contact or accompanying persons who are directly, and not just randomly, with a grouping after Z 1, persons affected by Z 2 or suspects after Z 3 are in contact and where there are sufficient grounds for believing that information relevant to the performance of the task can be obtained, the data types according to Z 2 (a) to (m) up to the earliest possible clarification of the relationship with them people,

5.

To informers and other respondents the data types after Z 2 a) to j)

and process information and administrative data that has 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) Before processing in the data application, the data shall be checked for its relevance and accuracy, 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 is to 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 in accordance with paragraph 1 Z 4 shall be deleted if there are no longer reasons for the acceptance 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 Subject to § 8 and beyond, to the services of domestic authorities, insofar as this is an essential condition for the performance of a task assigned to it by law, to foreign security agencies and security organisations (§ 2 (2) and (3) of the PolKG) as well as bodies of the European Union or Nations shall be allowed in accordance with the provisions on international police assistance.

(5) Every query and transfer of personal data must be recorded in such a way that it is possible to assign the query 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 Section 15 (1) of the SPG.

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

Special Deletion Commitment

§ 13. (1) If 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 period of time, for who have been granted the authorisation shall not be responsible for the organisational units referred to in Article 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 para. 3 after the end of the authorization pursuant to § 16 para. 2, the personal data determined in accordance with this Federal Act shall be without prejudice to the provisions of paragraph 1 for six months; 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 protection

Legal Protection Officer

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

(2) The organizational units according to § 1 paragraph 3, which are assigned a task pursuant to § 6 (1) Z 1 or 2, have before carrying out the task the empowerment of the legal protection officer by the way of the Federal Minister for To obtain Home Affairs. 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 shall 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; extensions shall be permitted.

(3) The legal protection officer and two of his deputies shall decide by majority on the granting of the authorisation to investigate measures pursuant to § 11 (1) Z 2 iVm § 54 (3) and (3a) of the SPG and § 11 (1) Z 7 (legal protection senate). 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 empowerment is not confirmed, the investigative measure shall be terminated immediately and the previously determined data shall be deleted.

Rights and duties of the legal protection officer

§ 15. (1) The organizational units according to § 1 para. 3 have at all times the legal protection officer, in the performance of his duties, insight into all the necessary documents and to provide records and to the data application in accordance with section 12 (1), to follow him free of charge on request (copies) of individual files and to provide all necessary information; Secrecy shall not be invoked. 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 shall be 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 Tribunals of Public Law, the legal protection officer shall be responsible for: the position of a co-party party.

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

Information Affected

§ 16. (1) The Legal Protection Officer assumes that the use of personal data has infringed the rights of persons involved in a task pursuant to Section 6 (1) (1) (1) or (2) of this Act, which is the responsibility of the If no knowledge of data is available, it shall be obliged to submit a complaint to the data protection authority pursuant to § 90 SPG for the purpose of informing or, if such information cannot be made for the reasons set out in Article 26 (2) of the German Data Protection Act (DSG 2000). In such a procedure before the data protection authority, it is necessary to take care of the restriction of the right to information in accordance with Section 26 (2) of the DSG 2000.

(2) After the expiration of the time for which the empowerment has been granted, the person concerned is 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 to be taken. 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 jeopardizes the performance of the duties, and shall not be informed if it has already been shown to have gained knowledge of the person concerned, the information of the person concerned is impossible or cannot be done on the grounds of Section 26 (2) of the DSG 2000.

Police state protection reports

§ 17. (1) The Federal Office has to draw up a report each year, including the activities of the National Police Directorates responsible for the Protection of the Constitution, with a view to: to inform the public about current and possible developments in the state, in compliance with legal confidentiality requirements.

(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 institutions and their capacity to act in the meetings of which shall be subject to reports in accordance with Section 8 (2), first sentence.

(3) The Federal Minister of the Interior shall have the standing subcommittee of the Committee on Internal Affairs concerning the performance of the tasks pursuant to this Federal Act and the information concerned in accordance with Section 16. Review of measures for the protection of constitutional institutions and their capacity to act at least half-yearly.

(4) The report of the Legal Protection Officer pursuant to Article 15 (4) of the Committee on Internal Affairs, the Federal Minister of the Interior, has the standing subcommittee of the Committee on Internal Affairs on the review of measures to protect the constitutional institutions and their capacity to act.

(5) The Legal Protection Officer has the permanent subcommittee of the Committee on Internal Affairs on the review of measures to protect the constitutional institutions and their capacity to act on the basis of To provide information on major developments, and to allow the legal protection officer to contact the permanent subcommittee at any time in such matters. 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 the close.

5. Main piece

Final Provisions

Entry into force

§ 18. (1) This Federal Act enters into force on 1 July 2016.

(2) Regulations on the basis of this Federal Act may already be issued from the date of its presentation, but may not be put into effect at the earliest with the entry into force of this Federal Law.

Linguistic equality

§ 19. As far as natural persons in this Federal Act refer to natural persons only in male form, they refer to women and men in the same way. The use of the designations for certain natural persons shall be based on the gender-specific form.

referrals

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

Transitional provisions

§ 21. (1) Prior to the entry into force of this Federal Act, authorisations pursuant to Section 91c (3) of the SPG shall apply in the version prior to the entry into force of this Federal Act as authorisations pursuant to Section 14 (2) of the German Federal Act. and shall continue to be valid until the fixed date, until 31 December 2016, at the latest; for these, the deletion periods shall apply in accordance with § 13.

(2) Person-related data which before the entry into force of this Federal Law by the Organizational Units according to § 1 (3) for the task according to § 21 paragraph 3 of the SPG in the version before the entry into force of this federal law lawful , may be processed in accordance with § 12 (1) and (2) in the data application in accordance with § 12.

(3) Local data applications of the Organizational Units according to § 1 (3), which were conducted before the entry into force of this Federal Act on the basis of § 53 SPG, may be used for the tasks according to the SPG until the complete Commissioning of the data application in accordance with § 12, at the latest until July 1, 2017. 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. European Union legislation will continue until 1 July 2019.

(4) Persons who are already employees 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 the protection of the Constitution provided for in § 2 para. 3 and to complete the fight against terrorism within three years from the date of entry into force.

Full Education

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

Article 2

Security Policy Act Change

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 n ° 97/2014, shall be amended as follows:

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

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" and after the word " the word " in each case " is inserted, and the word " organizational unit " is replaced by the word " organizational units " .

3. The following paragraph 3 is added to section 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, where applicable law, shall be: is not otherwise determined, 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" is replaced by the word "security policy" .

5. In accordance with 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 requested to do so on a reasoned request of the aircraft holder or for the performance of legal tasks on board, and international law is not contrary to that. "

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

7. In the heading to § 25, the word "criminal police" is replaced by the word "security policy" .

8. In § 53, the Z 2a and 7 are deleted in paragraph 1, and at the end of the Z 6 the line item is replaced by one point, in paragraph 3 the following text is deleted after the word "Offenses" and the word sequence " for the Extended hazard research under the conditions set out in paragraph 1 " and in paragraph 5, the phrase " for extended hazard research (§ 21 paragraph 3) "is deleted.

9. In § 53 (3b), after the phrase "the international mobile subscriber identifier (IMSI) of the" , the word sequence "from the hazard or" is inserted.

10. In Section 53 (4), the phrase "on general" is replaced by the phrase "approximately on the Internet public"

.

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

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

" (1a) The security authorities may provide access and identification data to the person and object of the security authorities about the natural or legal person at risk, including the necessary material data, including: Process the license plate to the objects to be protected, the time, location, reason, and type of writing, as well as the administration data. "

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

" (5a) Data applications pursuant to paragraph 1a for the protection of constitutional institutions and their ability to act (Section 22 (1) (2)), the representatives of foreign states, international organizations and others. Subjects under international law (Section 22 (1) (3)) and critical infrastructures (Section 22 (1) (6)) may be used by the Federal Minister of the Interior and the State Police Department as data protection adjudicating entity in one of the Federal Office for the Protection of the Constitution and the Federal Office for the Protection of the Rights of the State. Fight against terrorism in the fight against terrorism. 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 this is an explicit legal authorisation. "

14. In Section 54, the first paragraph of paragraph 2 and the phrase "and the extended hazard research (§ 21 para. 3)"deleted in Section 2.

15. Section 54 (3) reads:

" (3) The obtaining of information by the safety authority without reference to paragraph 1 or on behalf of the security authority by other persons (persons of trust) who neither disclose nor recognize their mission may be allowed, if otherwise the defence of dangerous attacks or criminal links would be endangered or 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. In accordance with 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 confidants. "

17. In Section 54 (5), the phrase "or in connection with" is inserted in the first sentence before the phrase "of a meeting" , and the last sentence reads:

" The data collected in this way may also be used to repel and prosecute dangerous attacks, as well as to prosecute 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 "asylum procedure" is given by the phrase " Procedure in accordance with § 3 BFA-procedural law-BFA-VG, BGBl.  I No 87/2012, " .

19. Section 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 an assignment of the interrogation or transmission to a certain organ walters are 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 are to be kept for three years and then deleted. "

20. In accordance with Article 75 (1), the following paragraph 1a is inserted:

" (1a) The security authorities are empowered to have a track determined in accordance with the provisions of the StPO, which is a person suspected of having committed an intentional act which is threatened with a criminal offence, , 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 (CJR). 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 Section 75 (2), the phrase "and to compare" is inserted in the first sentence after the phrase "to be used" , and in the second sentence, before the word "transmissions" , the word sequence is inserted into the phrase "and to compare" . Phrase "Queries and" inserted and the quote " paragraph  1 " by quoting " paragraph  1 and 1a " .

22. In accordance with Article 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 (para.  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 Section 91a (1), the word "two" is followed by the phrase "the required number of" and the phrase "according to the security policy act" by the word sequence " in the field of security police .

24. Section 91a (2) reads:

" (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 Legal protection senates (§ 14 para. 3 PStSG) as well as its decision-making in a point of order. "

25. Section 91b (3) reads:

" (3) The Federal Minister of the Interior shall provide the legal protection officer and his deputiors with the necessary personnel and material requirements in order to cope with the administrative tasks, with the following: in accordance with the relevant statutory tasks. 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 package rates for the purpose of calculating this compensation. "

26. In Section 91c (1), in the first sentence, the quotation "(§ 54 para. 3)" is replaced by the quote "(§ 54 para. 3 and 3a)" , the second sentence is omitted and the word "Tag Identifier Devices" replaced by the word "Tag Label Devices" .

27. Section 91d (1) last sentence reads:

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

28. In Section 91d, paragraph 3 of the sentence "In such proceedings before the Data Protection Authority is to be taken into account in Section 26 (2) of the DSG 2000 on the restriction of the right of access." is added; in paragraph 4 the line item is replaced by replace a point, and the phrase " shall be referred to in particular in the appropriations in accordance with Section 91c (3).

.

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

§ § 13a (3), 20, 21 (2a), the title of § 25, § § 54 (5), 58b (2), 59 (2), 75 (1a) and (2), 80 (1a) and 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), and the table of contents in the version of the Federal Law BGBl.  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 the title are repeal. "

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 Composite 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 Section 97:

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

Fischer

Faymann