114. Federal law amending the Security Police Act, the Border Control Act and the Police Cooperation Act

The National Council has decided:

Article 1

Amendment of the Security Policy Act

The Security Policy Act (SPG), BGBl. No 566/1991, as last amended by the Federal Law BGBl. I n ° 56/2006, is amended as follows:

1. In Section 11 (2), the word shall be: "Implementation" by the word "Deployment" replaced.

Section 15b (1) reads as follows:

" (1) The members and substitute members of the Human Rights Advisory Council shall be appointed by the Federal Minister of the Interior for a period of three years, with the agreement of the Federal Minister for Home Affairs; they shall exercise their function on a voluntary basis. The Chairman and, in the event of his prevention, his representative g shall be subject to compensation for the performance of their duties, the amount of which shall be laid down in the Regulation in accordance with Section 15c (6). The function shall end at the end of the period of operation, by dismisation on the part of the Federal Minister for the Interior or by the waiver or death of the member. "

3. In § 22 (3), the last half sentence is:

"§ § 53 (1), 53a (2) to (4) and (6), (57), (58) and (58a) to (d), as well as the provisions relating to the recognition service, shall remain unaffected."

3a. In § 23 (1) Z 2, the quote shall be "§ 25 StPO" by quoting "§ 5 para. 3 StPO" replaced.

3b. In § 39, paragraph 7, last sentence, the quote § § 141 (3) and 142 (1), (2) and (4) StPO " by quoting "§ § 121, 122 (2) and (3) and 96 StPO" replaced.

3c. In § 45 (2), the word order is deleted "Vormundschafts-oder" and the parenthesis.

3d. In § 53 (2), the quote "§ 149i StPO" by quoting "§ 141 StPO" replaced.

4. § 53 (3a) reads:

" (3a) The security authorities are entitled to use public telecommunications services (Section 92 (3) (1) of the Telecommunications Act 2003-TKG 2003, BGBl). I n ° 70) and other service providers (§ 3 Z 2 E-Commerce-Gesetz-ECG, BGBl. I n ° 152/2001) to request information on:

1.		the name, address and subscriber number of a particular port;
2.		Internet protocol address (IP address) relating to a specific message and the date of its transmission, and
3.		the name and address of a user to whom an IP address was assigned at a given time,
if certain facts justify the adoption of a specific danger situation and they require this data as an essential condition for the performance of the tasks assigned to them under this Federal Act. The designation of a connection according to Z 1 may also be used for the fulfilment of the first general assistance obligation or the defence against dangerous attacks by reference to an interview carried out by this connection by designation of a call as far as possible. the exact time period and the passive subscriber number. The requested authority shall be obliged to provide the information immediately and free of charge. "

5. The previous § 53 (3b) shall be replaced by the sales designation "(3c)" .

6. In accordance with § 53 (3a), the following paragraph 3b (new) is inserted:

" (3b) If it is to be assumed, on the basis of certain facts, that there is a present danger to the life or health of a human being, the security authorities shall be entitled to provide assistance or to prevent such danger, from operators of public Telecommunications services to request information on location data and the international mobile subscriber identification (IMSI) of the terminal equipment carried by the people at risk, as well as to use technical means to locate them. The safety authority shall take responsibility for the legal admissibility of the request for information, the documentation of which shall be submitted to the operator without delay, at the latest within 24 hours. The requested authority is obliged to supply the information without delay and against the reimbursement of the costs in accordance with § 7 Z 4 of the Ordinance on surveillance costs-ÜKVO, BGBl. II No 322/2004. '

7. The previous § 53a, including the section of the paragraph, becomes § 53b.

§ 53a (new) with headline reads:

" Data applications of the security authorities

§ 53a. (1) The security authorities may be responsible for the management, administration and coordination of operations, in particular for security policy actions, pundits or administrative functions, as well as for the protection of persons and objects, and the implementation of the first general assistance obligation will process data on natural and legal persons, as well as property and buildings. Persons affected by an official act may be required to place applications, advertisements or other communications, persons or institutions at risk, and witnesses and other persons in the course of an official act. are to be processed, the necessary identification and reachability data are processed as well as persons to be faunted also light image and an existing description of the appearance and their clothing. In addition, the required material data, including vehicle registration plates, information on time, place, reason and type of registration as well as administrative data may be processed.

(2) The security authorities may, by means of operational or operational measures, for the defence of criminal links or dangerous attacks and for the prevention of dangerous attacks, where the nature of the attack is likely to result in a recurrence of the perpetuating of the attacks. strategic analysis

1.		on suspects
a)			names,
b)			former names,
c)			alias data,
d)			the names of the parents,
e)			Gender,
f)			Date of birth and place,
g)			nationality,
h)			Residence/stay,
i)			other data required for the description of persons;
j)			document data,
k)			Occupation and qualification/employment/living conditions,
l)			recognition-service data,
m)			information on economic and financial circumstances, including related data of legal persons, and
n)			objective data on communication and transport as well as weapons including registration number/license plates,
2.		to victims or persons in whom certain facts justify the assumption that they may be victims of an act threatened with considerable punishment, the data types 1. (a) to (k) as well as reasons for victimisation and loss of damage;
3.		to witness the data types 1. (a) to (j) and data relevant to the genus,
4.		to contact persons or accompanying persons who are not only randomly associated with suspects and where there are sufficient grounds for believing that information about suspects can be obtained, the data types 1. (a) to (n) to to be as rapidly as possible Clarification of the relationship with the suspect, as well as
5.		to whistleblowers and other information providers the data types 1. (a) to (j);
and process information and administrative data relating to the case, even if the data are particularly sensitive in the sense of § 4 Z 2 DSG 2000.

(3) The security authorities are empowered to provide evidence of expulsions, prohibitions and injunctions for the protection against violence in the family by the name, date of birth and Place, gender, relationship with the person at risk, nationality, address, person at risk, name, date and place of birth, sex, nationality, relationship with the hazard, residence address and availability data, and type of Measure, previous measures, area (address, further description), to which the measure relates, certain facts on which the measure is based (in particular the earlier dangerous attack), the duration of the measure, the infringement of the measures available, the issuing body for the purpose of the delivery of the Cancellation of the prohibition of access or an inconteous disposition according to § 382b EO, and to process administrative data. The data of victims shall be deleted at the latest after one year. In the case of multiple storage devices, the deletion is determined after the last storage.

(4) The security authorities are empowered to provide evidence of expulsions and prohibitions in protection zones in respect of persons who have such a measure, name, date and place of birth, sex, nationality, residence address, as well as type of measure, area (address, further description) to which the measure relates, certain facts on which the measure is based (in particular previous dangerous attack), period of validity of the measure, and Process management data.

(5) Where joint processing by a number of security authorities is required on account of cross-disciplinary use, data applications may be carried out in the information composite system in accordance with paragraph 1. The data shall be deleted after completion and evaluation of the use, but at the latest after one year. Transfers of the data processed in accordance with paragraph 1 are only permitted if there is an express statutory authorisation for this.

(6) As far as joint processing by a number of security authorities is required, data applications may be managed in accordance with paragraph 2 of the information system. Data pursuant to paragraph 2 (2) (1) are, at the latest, after three years, data according to paragraph 2 (2) (2) and (3) not later than one year, data according to paragraph 2 (2) in the event of omission of sufficient reasons for adoption after this paragraph, , but at the latest after three years and data pursuant to paragraph 2, Z 5, at the latest after three years. In the case of several memory locations according to the same digit, the deletion is determined after the last storage. Transfers shall be permitted to the security authorities, public prosecutors and courts for criminal justice purposes and, incidentally, only if there is an express statutory authorisation for this. "

9. In Section 54a (1), after the word "Federal Administration" the phrase "Statutory Bodies and Institutions of Public Law established by law" inserted.

10. In § 54a (2) the penultimate sentence reads as follows:

" The security authorities must document any application of the documents in the legal system and, in the event of improper use or, as soon as they are no longer required for the performance of the tasks, have to be used; certificates for preventive protection of persons pursuant to section 22 (1) (5) shall be drawn up in accordance with the risk period to be determined in the individual case by the Federal Minister of the Interior. "

10a. In § § 55 (4) and 55a (2) (4), the citation shall be "§ 149d para. 1 Z 3 StPO" by quoting "§ 136 para. 1 Z 3 StPO" replaced.

(11) § 55a (4) is added to the following sentence:

"If there are indications that a person could no longer be trustworthy, the security screening shall be repeated before the expiry of these deadlines."

11a. In § 55c, the quote "§ 149d para. 1 Z 3 StPO" by quoting "§ 136 para. 1 Z 3 StPO" and the quote "§ 149i StPO" by quoting "§ 141 StPO" replaced.

11b. § 56 para. 1 Z 3 reads:

" 3.		(§ 25 (3)), in so far as this is necessary for the protection of vulnerable persons, where personal data are to be transmitted only to persons at risk and at risk, as well as to the documentation (section 38a (5)); "

11c. In § 57 (1) (2) the quote shall be: "§ 177 para. 1 Z 2 StPO" by quoting "§ 171 (2) StPO" replaced.

12. § 57 (1) Z 12 reads:

" 12.		the person concerned has lost a foreign passport or passport or has been alienated from such a passport. "

13. In § 57 (2), the last sentence is deleted.

14. In § 58 (1) Z 8 the phrase "the person concerned shall revoke his consent or" is deleted.

15. In § 58 (1), at the end of Z 10 the point shall be replaced by a stroke, and the following Z 11 shall be added:

" 11.		in the cases of Z 12, if the storage has fulfilled its purpose. "

16. In accordance with § 58c, the following § 58d with headline is inserted:

" Central analysis file on violent offences threatened with significant punishment, in particular sexually motivated offences

§ 58d. (1) The security authorities are empowered to prevent and prevent offences against limb and life which are punishable by punishment, as well as against sexual integrity and self-determination under threat or use of force, as well as to the early detection of related serial compositions by means of analysis to process personal data in an information composite system operated by the Federal Minister for Home Affairs. Information on homicide, sexual offences under the use of force, cases of missing persons, if the overall circumstances indicate a crime and the suspicious response of persons, if concrete evidence of a crime is to be found, sexual motif planned with punishment endangered plot, processed. The following types of data may be processed to the designated persons concerned, even if they are particularly sensitive data within the meaning of Section 4 (2) of the German Data Protection Act (DSG 2000):

1.		on suspects
a)			names,
b)			former names,
c)			Gender,
d)			Date of birth and place,
e)			nationality,
f)			Residence addresses,
g)			alias data,
h)			reference to judicial convictions and measures, as well as police pre-knowledge,
i)			Occupation and qualification/employment/living conditions,
j)			person description,
k)			recognition-service data, and
l)			behaviors,
2.		to the missing data types Z 1. (a) to (f), (i) to (k); and
3.		to victims of the data types Z 1. (c) to (e), (i) and (j) and (f) without door or door. House number name, unless these terms are required for the purpose of the data application.
In addition, actual and case-related data may be processed including traces, relationship data and information, object data and other material-related data, such as on weapons or motor vehicles, as well as administrative data. The query permissions are to be restricted to those persons who are involved in the handling of the deletion areas to be detected.

(2) The transmission of data shall be permitted to prosecutors and courts for the purposes of criminal justice and to judicial institutions in accordance with the law of the law enforcement law. In addition, transfers are only permitted insofar as there is an express statutory authorisation for this.

(3) The data of the missing person shall be deleted if the reason for their storage has fallen away, but at the latest after 20 years. Data from victims shall be deleted for a maximum of 20 years, from suspects at the latest 30 years after inclusion in the file. "

17. In § 65 (1) the last half sentence is:

"if he or she has been involved in a criminal connection or if he or she appears to be required to prevent further dangerous attacks because of the nature or execution of the act or the personality of the person concerned."

18. In § 65 (5) the second sentence reads:

"In the cases of the last sentence of section 75 (1), the person concerned shall be informed about the processing of his data in a manner appropriate to the circumstances."

Article 65 (6) reads as follows:

" (6) The security authorities are empowered to name, gender, former name, date of birth, place of birth, nationality, name of the parents, issuing authority, date of issue and number of the documents carried out, any information about the Vulnerability when intervening, including sensitive data, to the extent that it is necessary to protect the vital interests of others and to identify a person's alias data (recognition service identity data) to which they are recognised. have been treated, and together with the the processing of data and the reason for the identification of the data. In the cases referred to in paragraph 1, the security authorities are empowered to hold a personal arrest. "

20. In Section 75 (1), the "65a" the word "and" shall be replaced by a supplement and "66 (1)" the phrase "and 67 (1) first sentence" .

21. In § 75 (1), the following sentence is added:

" Personal data which the security authorities have legally determined in accordance with other provisions may be processed further in the central identification service evidence, if their identification and processing for security policy purposes at the time when the data is to be used. "

22. § 91c (1) reads:

" (1) The security authorities are obliged to provide the legal protection officer of any determination of personal data by concealed investigation (Section 54 (3)), through the concealed use of image or sound recording devices (§ 54, paragraph 4), by The processing of data which others have received and transmitted using image and sound recording equipment (Section 53 (5)), stating the main reasons for the investigation. The provisions of paragraph 3 shall apply to such measures in the context of extended risk research. In addition, the legal protection officer shall be informed of requests for information (§ 53 (3a) Z 2 and 3, paragraph 3a, second sentence and 3b) as well as on the use of identifier recognition devices (§ 54 paragraph 4b). "

Section 91c (2) reads as follows:

" (2) Security authorities intending to monitor public places with image and sound recording devices within the meaning of Section 54 (6) and (7) or to lead a data application pursuant to § 53a (2) and (6) shall immediately have the Federal Minister for To reach an agreement. It shall give the legal protection officer the opportunity to submit its observations within three days. The actual use of the image and sound recording equipment or the recording of the data application shall not take place until the expiry of that period or in the presence of a corresponding statement by the legal protection officer. "

Section 94 is added to the following paragraph 24:

" (24) § § 11 (2), 15b (1), 22 (3), 23 (1) Z 2, 39 (7), 45 (2), 53 (2), 3a, 3b and 3c, 53a including the title, 53b including the title, 54a (1) and (2), 55 (4), 55a (2), (4) and (4), 55c, 57 (1), (2) and (12) and (2), (2), 58 Subsection 1 Z 8, 10 and 11, 58d with title, 65 para. 1, 5 and 6, 75 para. 1, 91c para. 1 and 2, 96, as well as the table of contents in the version of the Federal Law BGBl. I n ° 114/2007 will be 1. Jänner 2008 in force. "

Section 96 (2) and (6) shall be deleted and paragraphs 3 to 5 shall be awarded the sales names "(2) to (4)" .

26. In the fourth part of the table of contents, the second main item is as follows:

" 2. Main item: Investigation service

Section 52 Task-related matters

Section 53 Admissibility of processing

§ 53a Data applications of the security authorities

Section 53b Admissibility of the processing by the authorities

Section 54 Special provisions for the investigation

§ 54a Legend

Section 54b Confidence of persons

Section 55 Security review

§ 55a Cases of security clearance

Section 55b Implementation of the security clearance

§ 55c Secret Protection Order

Section 56 Admissibility of transmission

§ 57 Central information collection; Admissibility of the investigation, processing and transmission

§ 58 Central Information Collection; locks on access and deletion

§ 58a Security Monitor

§ 58b Administration of enforcement

§ 58c Central violence protection file

Section 58d Central analysis file on violent offences threatened with significant punishment, in particular sexually motivated offences

Section 59 Riching, updating and logging of data of the Central Information Collection and the other information systems

§ 60 Administrative Criminal Crime

Section 61 Admissibility of the update

Section 62 Discharge

Section 63 obligation to judge or delete "

Article 2

Amendment of the Border Control Act

The Border Control Act, BGBl. No 435/1996, as last amended by the Federal Law Gazette (BGBl). I n ° 151/2004, shall be amended as follows:

1. In Section 12 (1a), the quote shall be: "(§ 62a SPG)" by quoting "(§ 91a SPG)" replaced.

2. § 18 the following paragraph 5 is added:

" (5) § 12 para. 1a in the version of the Federal Law BGBl. I No 114/2007 enters into force with the end of the day of the event. "

Article 3

Amendment of the Police Cooperation Act

The police cooperation law, BGBl. I n ° 104/1997, as last amended by the Federal Law BGBl. I n ° 151/2004, shall be amended as follows:

(1) The following paragraph 5 is added to § 7:

" (5) The security authorities are empowered to directly claim mutual assistance through the use of data processed by foreign security agencies and security organizations in jointly run information collections . Special provisions in international legal contracts shall remain unaffected. "

2. In § 8 paragraph 2 Z 3, the phrase " § 1 of the Data Protection Act, BGBl. No 565/1978) through the phrase " § 1 of the Data Protection Act 2000-DSG 2000, BGBl. I No 165/1999) " replaced.

(3) The following paragraph 4 is added to § 20:

" (4) § § 7 (5) and 8 (2) (2) Z 3 in the version of the Federal Law BGBl. I n ° 114/2007 will be 1. Jänner 2008 in force. "

Fischer

Molterer