158. Federal law amending the Security Policy Act (SPG-Novelle 2006)

The National Council has decided:

The Security Policy Act (SPG), BGBl. No 566/1991, as last amended by Federal Law BGBl. I No 100/2005, shall be amended as follows:

1. In § 35 (1) (8), the point shall be replaced by a line-point and the following Z 9 shall be added:

" 9.		if this is necessary for the imposition of an entry ban in a security area at major sporting events in accordance with § 36b and the enforcement of that prohibition. "

2. According to § 36a, the following § § 36b and 36c shall be inserted together with the headings:

" Safety area at major sports events

§ 36b. (1) Where, on the basis of certain facts, in particular as a result of the expected participation of violent persons at a major sporting event, it is to be feared that it would pose a general threat to the health of a number of people, or to Property on a large scale is authorised by the security authorities to declare the place of the event and an area within a radius of no more than 500 metres in order to secure the place of the event in the area of security by means of a regulation. The latter must be determined on the basis of local circumstances in such a way that the purpose of the measure can still be achieved effectively and, in the event of a ban on the subject, there is still no adverse effect on the relationship, in particular with regard to the use of public transport, a person concerned. The Regulation shall contain the exact name of the security area in its local and temporal scope and the date of its entry into force. Their effectiveness shall be limited to a period of time, before, during and after the event, in direct connection with the major sporting event. It must be made known in a manner which is capable of reaching as wide a circle as possible of potentially affected persons.

(2) In a security area referred to in paragraph 1, the bodies of the Public Security Service are empowered to provide a person, on the basis of certain facts, in particular as a result of previous dangerous attacks against life, health or Ownership in connection with similar sporting events, it is to be assumed that, within the scope of the regulation referred to in paragraph 1, it will commit dangerous attacks using force, to remove from the security area and to Enter it to be prohibited. The person concerned shall be aware of the duration of such prohibition. The exercise of coercive power to enforce this prohibition shall be inadmissible. If it can credibly make legitimate interests for the necessity of entering the security area, it is to be taken into consideration accordingly. The prohibition of entry shall end with the exception of the Regulation.

At-risk address at major sporting events

§ 36c. Persons who have committed dangerous attacks against body, life or property or administrative transgressions pursuant to § § 81 or 82 or administrative transgressions under the pyrotechnic law in direct connection with sporting events, and of which, on the basis of certain facts, it is to be assumed that they will also carry out such dangerous attacks or administrative transgressions in a direct connection with future major sporting events, may be taken by the safety authority to be summoned in order to discuss the legally compliant behavior of such It has been proven to be lectresable. § 19 AVG applies. "

3. In Section 53 (1), in Z 2a the quote shall be: "§ 62a (7)" by quoting "§ 91c (3)" replaced and to the Z 3 the word sequence "including the hazard research required in the framework of the security (§ 16 (4) and (28a));" .

4. In § 53 (4), the last sentence is deleted.

5. § 53 (5) (new) reads:

" (5) The security authorities are authorized in individual cases and under the conditions laid down in § 54 (3), for the defence of dangerous attacks and criminal links, if certain facts on a grave danger to public safety Allow the use of personal image data for the extended hazard research (§ 21 para. 3) and for the search for personal data, the legal entities of the public or private sector legally using image and sound recording devices. , and transmitted to the security authorities. In doing so, particular attention must be paid to the fact that interference in the privacy of the persons concerned is a matter of proportionality (§ 29). The use of data on non-public behavior is not permitted. "

6. The previous § 53 para. 5 receives the paragraph designation "§ 53a" and the following heading:

"Admissibility of processing by FundAuthorities"

Section 54 (3) reads as follows:

" (3) The obtaining of information without reference in accordance with paragraph 1 (covert investigation) shall be permitted if otherwise the defenses of dangerous attacks or criminal links are endangered or significantly impeded, or the extended hazard research by The use of other investigative measures would be hopeless. "

8. In § 54 (4) the first half-sentence reads:

"The identification of personal data with image and sound recording devices is only permissible for the defence of dangerous attacks or criminal links and for extended risk research (§ 21 para. 3);"

9. The following paragraph 7 is added to § 54:

" (7) The security authorities are empowered to identify personal data in public places (Article 27 (2)) by means of image and sound recording equipment, if at these locations or in the immediate vicinity thereof, national or international Events taking place with the participation of representatives of foreign countries, international organizations or other subjects of international law (§ 22 para. 1 Z 3) to be protected. This measure may only be set in a direct temporal relationship with the event and in the presence of a hazard situation and must be announced in such a way that it is aware of the widest possible range of potentially affected persons. . The data obtained may also be used for the defence and investigation of dangerous attacks and for the defence of criminal links as well as for the purpose of pundition (§ 24). Insofar as they are not required for further prosecution on the basis of a suspicion of criminal acts, they shall be deleted after at least 48 hours. "

10. In § 57 (1) the following Z 11a is inserted after Z 11:

" 11a.		the person concerned has committed a dangerous attack against life, health or property in connection with a major sporting event and, on the basis of certain facts, it is to be feared that he will continue to attend future sporting events. committing dangerous attacks against life, health or property using force and this is necessary for the purposes of § 36b; this also applies in the case of comparable facts about the communication of a foreign security authority, "

Article 57 (3) reads as follows:

" (3) The security authorities are empowered to use the data stored by them in the Central Information Collection. Transfer of the data processed pursuant to paragraph 1 and paragraph 2 shall be permitted to authorities for purposes of security administration and criminal justice and transfer of the data processed in accordance with paragraph 1 shall be sent to authorities in matters relating to the Granting (assurance) of citizenship shall be permitted. In addition, transfers are only permitted if there is an express statutory authorisation. "

12. In Section 58 (1), after Z 9, the point shall be replaced by a line-point and the following Z 10 shall be added:

" 10.		in the cases of Z 11a, two years after the inclusion in the central information collection, in the case of multiple storage two years after the last; where data have been transferred from foreign security authorities, these are: immediately after the major sporting event which is relevant for storage. "

13. § 58a together with the headline is:

" Security Monitor

§ 58a. The security authorities are empowered to organise the strip and surveillance service (Section 5 (3)), for the purpose of security (§ 21 (1) and (2)) and for prevention against dangerous attacks (§ 22 (2) and (3)), also by means of Crime analysis in a network of information systems operated by the Federal Minister of the Interior with regard to all employees, who have been accused of criminal offences committed intentionally and with intent to commit criminal offences, and to provide the following information on process and use together: a criminal act together with the details of the circumstances and Description of the subject matter, the crime scene and time, the property concerned (brand name) or the company name and with regard to the number of suspects, nationality, sex and age, as well as the number of business, office and clerk. The query permissions related to sex offender after the 10. The section of the penal code shall be restricted to those persons who are involved in the processing of these criminal acts. The data will be deleted after 18 months. "

14. The designations 5. and 6. Part including the headings are deleted and the previous sections § 80a and b together with the headings are inserted in accordance with § 58a as § § 58b and c.

15. The heading of § 59 reads:

"Richtigating, updating and logging of data of the Central Information Collection and other information composite systems"

16. In § 59 (1), after the phrase "the Central Information Collection" the phrase "and the other information composite systems" inserted.

17. § 59 (2) reads:

" (2) Each query and transfer of personal data from the Central Information Collection and the other information composite systems shall be recorded in such a way that a mapping of the interrogation or transmission to a particular organ walter is possible. The log records are to be kept for three years and then deleted. Automated queries are excluded from logging in accordance with § 54 para. 4b, unless it is a hit. "

18. In § 59 (3), after the word order "the Central Information Collection" the phrase "and the other information composite systems" inserted.

19. § § 62 and 62a, together with the headings, are deleted.

20. The previous part 7 receives the numbering "5" and the previous part 8 gets the numbering "6" and the transcript " Legal protection " .

21. In § 84 (1) (4), the following shall be added by the word "or" replaced and the following Z 5 added:

" 5.		in spite of a ban on boarding, enters a security area at sporting events according to § 36b. "

22. Before the title of § 87, the description of the outline and title shall be given " 1. Section of Subjective Legal Protection " and in accordance with Section 90, the description of the outline and title shall be added " 2. Section of Objective Legal Protection " inserted.

23. In accordance with § 91, the description of the outline and title shall be " Section 3. Legal Protection Officer " inserted.

24. (constitutional provision) In accordance with § 91 § 91a with title is inserted:

" Legal Protection Officer

§ 91a. (constitutional provision) (1) In order to exercise special legal protection in the investigative service of the security authorities, the Federal Minister of the Interior has set up a legal protection officer with two deputised representatives who are concerned with the concerns of the security authorities after the Security policy-related tasks are independent and are free of instructions and are subject to official secrecy.

(2) The legal protection officer and his/her deputies shall have equal rights and obligations. 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.

(3) A restriction of its powers under § 91c as well as its rights and obligations pursuant to § 91d may be decided by the National Council only in the presence of at least half of the members by a majority of two-thirds of the votes cast "

25. According to § 91a, the following § § 91b to d including the headings are inserted:

" Organization

§ 91b. (1) The legal protection officer and his deputies must have special knowledge and experience in the field of fundamental rights and freedoms and must have been active in a profession for at least five years in which the degree of study is completed. The law is a prerequisite for the law. Judges and prosecutors of the office, lawyers who are registered in the list of lawyers, and other persons who are excluded or not to be appointed by the office of a jury or spoon (§ § 2 and 3 of the German law) The Schöffengesetz-und Schöffengesetz 1990) must not be ordered.

(2) The appointment of the legal protection officer and his deputy shall be waived in the event of renunciation, in the event of death or with the effectiveness of the re-appointment or reappointment. If there is a reason to cast doubt on the full unpartiality of the legal protection officer or a deputy, this has to be included in the matter of the inaction.

(3) The Federal Minister of the Interior shall make available to the legal protection officer the personnel and material requirements necessary for the management of the administrative activity. 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 authorized to fix flat rates for the assessment of this compensation by means of a regulation.

Referral of the legal protection officer

§ 91c. (1) The security authorities shall be obliged to provide the legal protection officer with any identification of personal data by concealed investigation (Section 54 (3)), by the concealed use of image or sound recording devices (§ 54 para. 4) or 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.

(2) Security authorities intending to monitor public places with image and sound recording devices within the meaning of Article 54 (6) and (7) shall immediately notify the Federal Minister of the Interior. The person concerned shall have the opportunity to express his views within three days. The actual use of the image and sound recording equipment shall not take place until the expiry of that period, or in the presence of a corresponding statement by the legal protection officer.

(3) Security authorities, who are assigned a task in accordance with section 21 (3), have to obtain the authorisation of the legal protection officer by the way of the Federal Minister for Home Affairs before carrying out the task. The same applies if it is intended, within the scope of the extended risk research (§ 21 para. 3), to set up special investigative measures pursuant to § 54 (3) and (4) or to continue to process data determined in accordance with § 53 (5).

Rights and obligations of the legal protection officer

§ 91d. (1) The security authorities shall at all times provide the legal protection officer with an insight into all necessary documents and records in the performance of his/her duties, and shall, on request, grant him copies of individual documents (copies) to be free of charge and to provide all necessary information; in this respect, it cannot be invoked against the matter of secrecy. However, this shall not apply to information and documents relating to the identity of persons or to sources whose existence is likely to endanger national security or the safety of persons, and for copies (clearings), if the person is aware of such information. the information would endanger the national security or the safety of people.

(2) The legal protection officer shall at all times be given the opportunity to monitor the implementation of the measures referred to in § 91c and to enter all rooms in which recordings or other monitoring results are kept. In addition, within the scope of his tasks, he has to monitor compliance with the obligation to judge or delete in accordance with § 63 or the special deletion regulations.

(3) If the legal protection officer takes the view that the use of personal data has infringed the rights of persons who have no knowledge of the use of such data, he shall be informed or, if such a person is not aware of the data, Pursuant to Section 26 (2) of the DSG 2000, it is not possible to establish a complaint to the Data Protection Commission pursuant to § 90.

(4) The legal protection officer shall report annually to the Federal Minister of the Interior, by 31 March at the latest, a report on his activities and perceptions within the scope of his duties. This report has been submitted by the Federal Minister of the Interior to the Standing Subcommittee of the Committee on Internal Affairs on the review of measures for the protection of constitutional institutions and their capacity to act at the request of the Committee on Internal Affairs and Security. To make the framework of the right of access to information and the right of access accessible pursuant to Art. 52a (2) B-VG. "

26. Before § 92, the description of the outline and title shall be " 7. Part damages and reimbursement of expenses " inserted.

27. The previous parts "9" and "10" receive the numbering "8" and "9" .

Section 94 is added to the following paragraph 19:

" (19) § § 35 (1) Z 8 and 9, 36b and 36c, 53 (1) (2a), (3) and (5), 53a including the title, 54 (3), (4) and (7), 57 (1) (1) (11a) and (3), (58) (1) (9) and (10), 58a to (c) together with the headings, 59 and the title, 84 (1) (4) and (5), 91b to (d) as well as the table of contents in the version of the Federal Law BGBl. I n ° 158/2005 are due to 1. Jänner 2006 in force. § § 53 (4), last sentence, 62, 62a and 80a and b, expire on 31 December 2005. "

29. (constitutional provision) § 94 the following paragraph 20 is added:

" (20) (constitutional provision) § 91a in the version of the Federal Law BGBl. I n ° 158/2005 is 1. Jänner 2006 in force. The legal protection officer appointed at that time and his deputits shall be deemed to have been appointed in accordance with § 91a until re-appointment or re-appointment; no later than 1. Jänner 2007 shall be a reappointment or reappointment of the legal protection officer and his deputy in accordance with Section 91a (2). "

30. That's the 1. Part of the SPG preceding table of contents is:

" TOC

1. TEIL
1. Main item: Scope
§ 1
2. Main item: Organization of security administration
§ 2	Obtaining the security administration
§ 3	Security Police
§ 4	Security Authorities
§ 5	Obtaining the Executive Service
Section 5a	Monitoring fees
Section 5b	Payment of the monitoring fees
§ 6	Federal Minister for the Interior
§ 7	Security Directorates
§ 8	Federal Police Directorates
§ 9	District Administrative Authorities
§ 10	Police Command
§ 11	Security Academy
§ 12	Business classification and rules of procedure of the security and federal police directorates
§ 13	Law
§ 14	Local area of action of security authorities in security police matters
§ 14a	Instance train in security police matters
§ 15	Information on security policy
Section 15a	Human Rights Advisory Council
Section 15b	Members of the Human Rights Advisory Council
§ 15c	Fulfilment of the tasks of the Human Rights Advisory Council
3. Main item: Definitions
§ 16	General danger; hazardous attack; hazard research
§ 17	Offence under threat of considerable punishment
§ 18	Rights and obligations of legal persons
2. PART: TASKS OF THE SECURITY AUTHORITIES IN THE FIELD OF SECURITY POLICE
1. Main item: First general assistance obligation
§ 19
2. Main piece: Maintaining public safety
§ 20	Tasks in the context of the maintenance of public security
Section 21	Security
Section 22	Preventive protection of legal goods
Section 23	Postponing the entry
§ 24	Fahndung
Section 25	Criminal police advice
Section 26	Dispute settlement
3. Main piece: Maintaining the public order
§ 27
4. Main piece: Special Monitoring Service
§ 27a
PART: POWERS OF THE SECURITY AUTHORITIES AND THE BODIES OF THE PUBLIC SECURITY SERVICE IN THE FRAMEWORK OF THE SECURITY POLICE
1. Main piece: General
§ 28	Priority for the safety of people
Section 28a	Safety-related task performance
§ 29	Proportionality
§ 30	Rights of the person concerned in the exercise of powers
Section 31	Guidelines for intervening
2. Main item: Powers for the first general assistance obligation and the maintenance of public safety
Section 1: General powers
Section 32	Interventions in legal goods within the framework of the first general assistance obligation
§ 33	Termination of dangerous attacks
Section 2: Special powers
Section 34	Request for information
§ 35	Identity determination
§ 35a	Identity card
§ 36	Space ban
§ 36a	Protection Zone
§ 36b	Security sector at large-scale sports events
Section 36c	At-risk address at major sporting events
Section 37	Resolution of occupations
§ 38	Dismissal
Section 38a	Deportation and ban on violence in apartments
§ 39	Entering and searching of land, rooms and vehicles
§ 40	Searching people
Section 41	Search order at major events
§ 42	Ensuring things
§ 42a	Receipt, custody and compliance of lost or forgotten items
Section 43	Cases of property seized
Section 44	Use of goods
§ 45	Interventions in personal freedom
Section 46	Show
§ 47	Conduct of a holding
§ 48	Guarding of people and things
§ 48a	Arrangement of monitors
§ 49	Extraordinary power of assembly
Section 3: Direct Forced Violence
§ 50
4. PART: USE OF PERSONAL DATA WITHIN THE FRAMEWORK OF THE SECURITY POLICE
1. Main piece: General
Section 51
2. Main item: Investigation service
Section 52	Task-related
Section 53	Admissibility of processing
§ 53a	Admissibility of processing by property authorities
§ 54	Specific provisions for the investigation
Section 54a	Legend
§ 54b	Confidential sperson evidences
§ 55	Security Check
§ 55a	Cases of security clearance
§ 55b	Implementation of the security clearance
§ 55c	Secret Code
§ 56	Admissibility of transmission
Section 57	Central information collection; Admissibility of the investigation, processing and transmission
Section 58	Central information collection; locks the access and delete
Section 58a	Security Monitor
§ 58b	Enforcement
Section 58c	Central Violation File
§ 59	Rectification, updating and logging of data of the Central Information collection and other information systems
§ 60	Administrative strafevidence
Section 61	Admissibility of the update
Section 62	Omitted
§ 63	Obligation to judge or delete
3. Main item: Discovery Service
Section 64	Definitions
Section 65	Recognition service
Section 65a	Recognition service measures for the collection of off-road
Section 66	Recognition service measures on bodies
Section 67	DNA investigations
Section 68	Recognition service measures at the request or with the consent of the person concerned
Section 69	Avoidance of confusion
Section 70	Evidence-based evidence
Section 71	Transmission of identification data
Section 72	Transmission of data for scientific purposes
Section 73	Deletion of recognition of official data from officals
Section 74	Deletion of recognition service data at the request of the person concerned
§ 75	Central recognition service evidence
Section 76	Special responsibility for authorities
Section 77	Procedure
Section 78	Exercise of direct force
§ 79	Specific procedural rules
§ 80	Right of information
5. PART: PENAL PROVISIONS
§ 81	Disturbance of public order
Section 82	Agressive behaviour towards bodies of public supervision or in relation to Military guards
Section 83	Committing an administrative transcession in a capacity to be eligible for financial allocation Noise condition
§ 83a	Unauthorised wearing of uniforms
Section 84	Other administrative transgressions
§ 85	Subsidiarity
§ 86	Administrative authorities of first instance
6. PART: LEGAL PROTECTION
1. Section: Subjective legal protection
§ 87	Right to lawfulness of security policy measures
Section 88	Complaints about violation of subjective rights
§ 89	Complaints about violation of guidelines for intervention
§ 90	Complaints about violation of data protection provisions
2. Section: Objective legal protection
Section 91	Official complaint
Section 3: Legal Protection Officer
Section 91a	Legal Protection Officer
Section 91b	Organization
§ 91c	Referral of the legal protection officer
§ 91d	Rights and obligations of the legal protection officer
7. PART: COMPENSATION FOR DAMAGES AND THE OBLIGATION TO REIMBURSETHE COSTS
§ 92	Compensation
§ 92a	Reimbursement of expenses
8. PART: INFORMATION REQUIREMENTS
Section 93	Security Report
Section 93a	Government Information
9. PART: FINAL PROVISIONS
Section 94	In-force pedals
Section 94a	Linguistic equality
§ 95	References
§ 96	Transitional provisions
Section 97	Out-of-Force Trees
Section 98	Enforcement "

Fischer

Bowl