Law Establishing A Standardized Central Anti Terrorist File Of Police Forces And Intelligence Services By Federal And State

Original Language Title: Gesetz zur Errichtung einer standardisierten zentralen Antiterrordatei von Polizeibehörden und Nachrichtendiensten von Bund und Ländern

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Read the untranslated law here: http://www.gesetze-im-internet.de/atdg/BJNR340910006.html

Law establishing a standardized central anti terrorist file of police forces and intelligence services by federal and State Governments (anti terrorist file law - ATDG) ATDG Ausfertigung date: 22.12.2006 full quotation: "anti-terrorist file law of December 22, 2006 (BGBl. I S. 3409), most recently by article 1 of the law of December 18, 2014 (BGBl. I S. 2318) has been changed" stand: I 2318 Entfristung accordance with article 4 I 2318 is amended by art. 1 G v. 18.12.2014 set 3 G v. 18.12.2014 takes into account the G occurs according Article 5 para. 2 G v. 22.12.2006 I 3409 with expiration of 30.12.2017, article 5 go to paragraph 2. by article 4 set 3 G v. 18.12.2014 I 2318 mWv 1.1.2015; This has been extended the validity of the G of the 30.12.2017, for more information on the stand number, see the menu see remarks footnote (+++ text detection from: 31.12.2006 +++) the G as article 1 of the G v. 22.12.2006 I 3409 by the Bundestag adopted. It is article 5 pursuant paragraph 2 of this G at the end of the 30 December 2017 override and is five years after the entry into force, incorporating a scientific experts appointed in agreement with the German Bundestag, to evaluate. Article 5 par. 2 G v. 22.12.2006 I 3409 go up. by article 4 set 3 G v. 18.12.2014 I 2318 mWv 1.1.2015, thus the validity of the G of the 30.12.2017, has been extended.

The Federal Criminal Police Office, the federal police authority specified in the regulation according to § 58 (1) of the Federal Police Act, the State police offices, the constitutional authorities of the Federal and State Governments, the military Abschirmdienst, the BND and the Customs Crime Office (participating authorities) lead section 1 anti terrorist file (1) at the Federal Criminal Police Office to fulfil their legal duties to inform or fight against international terrorism with reference to the Federal Republic of Germany standardized a common central anti terror (anti terror) file.
(2) the Federal Minister of the Interior Decree additional police enforcement as involved authorities to participate in the anti-terrorist file can entitle country authorities at the request of the relevant country, as far as 1 are particularly assigned to these tasks to the fight of against international terrorism with reference to the Federal Republic of Germany not only in individual cases and their access to the anti terrorist file for the tasks referred to in point 1 requires taking into account the legitimate interests of the persons concerned and the security interests of the authorities involved appropriate 2. is.

§ 2 content of the anti terrorist file and storage obligation the authorities concerned are obliged to save data already collected pursuant to section 3 para 1 in the anti-terrorist file if they have in accordance with the applicable law on police or intelligence findings (findings), which is actual evidence that the data referring to 1 persons, a) a terrorist group according to § 129a of the criminal code , which has international relevance, or according to § 129 (a) in conjunction with article 129 b of paragraph 1 sentence 1 of the Penal Code related to the Federal Republic of Germany belonging to a terrorist group or support, b) belong to a group that supports an association referred to in a, or c) a grouping according to point (b) willfully 2. people support having regard to the activity of the group supporting terrorism, , the unlawful use of force as a means of enforcing international-aligned political or religious issues or support such a use of force, prepare or deliberately cause through its activities, in particular by advocating such violence, or 3 a) associations, groups, foundations or companies, b) things, bank details, addresses, telecommunications, telecommunications terminal equipment, websites or addresses for electronic mail, where actual evidence the adoption justify leaving 1 or number 2 related to a person referred to under and through them instructions for the education or Fight against international terrorism can be won, and the knowledge of the data for the reconnaissance or combat international terrorism related to the Federal Republic of Germany is required. Sentence 1 applies only to data that automatically may process the authorities according to the applicable legislation.

§ 3 to store data types (1) in the anti-terrorist file if any, following data types stored: 1. to persons pursuant to § 2 sentence 1 number 1 and 2 a) surname, first names, previous names, other names, Aliaspersonalien, different name spellings, gender, date of birth, place of birth, the birth State, current and former nationalities, current and previous addresses, special physical features, languages, dialects, photographs, the designation of the case group according to § 2 and , as far as no other statutory provisions and this is required to identify a person, information documents (basic data), b) following other data types (advanced basic data): aa) used by them or their own telecommunications and telecommunications terminal equipment, bb) addresses for electronic mail, cc) Bank connections, dd) lockers, ee) vehicles approved to the person or used by you, ff) marital status, gg) ethnicity, hh) details the religious affiliation, insofar as these are necessary in each case to the reconnaissance or combat international terrorism , ii) special skills that can be used according to the specific factual findings of the authorities involved the preparation and conduct of terrorist offences referred to in article 129a, paragraph 1 and 2 of the Penal Code, in particular special knowledge and skills in the production or handling explosives or weapons, jj) stated to graduation, professional training and the profession exercised, kk) information about a current or previous occupation in a vital institution within the meaning of article 1 par. 5 of the security review law or a traffic or Supply system or facility, a public transportation system or office building, ll) gave to the dangers, particularly the possession of weapons or the violence of the person, mm) driving and flight permits, nn) visited places or areas, or in which can meet in § 2 sentence 1 No. 1 and 2 persons, oo) contact persons to the respective persons according to § 2 sentence 1 No. 1 letter a, or no. 2 , pp) the designation of the specific association or grouping according to § 2 sentence 1 No. 1 letter a or b, qq) the day on which the last event occurred that justifies the retention of knowledge, rr) summary special comments based on actual suspicion, supplementary notes and reviews basic data and advanced basic data are already stored in files of the authorities involved, if this is necessary and indispensable to the reconnaissance or combat international terrorism in a particular discretion , and ss) operated by the person or relevant for the purpose of their activities pursuant to § 2 sentence 1 number 1 or number 2 used Internet pages, 2. information to identify in § 2 sentence 1 number 3 mentioned associations, groupings, foundations, companies, things, Bank connections, addresses, telecommunications, telecommunications terminal equipment, websites or addresses for electronic mail, with the exception of other personal information, and 3rd to the respective data according to points 1 and 2 the name of administration , which has the knowledge, and associated file number or other reference number and, if applicable, the relevant classification as classified.
(2) contact persons referred to in paragraph 1 number oo 1(b) double letter number 1 a letter or number not only fleetingly or in random contact in connection leaving 2 persons referred to in § 2 sentence 1 persons where there are actual evidence, and are to await further instructions for the reconnaissance and combat international terrorism through them. Contact persons 1 letter b double letter may be stored only as advanced basic data referred to in paragraph 1 number oo with the following types of data to identify and contact details: surname, first names, previous names, other names, Aliaspersonalien, different name spellings, gender, date of birth, place of birth, the birth State, current nationality, current address, photographs, used by them or their own telecommunication connections and addresses for electronic mail , other information on the availability of professional.
(3) where to store data on the basis of other legislation are identified, this identification by storing the data in the anti-terrorist file can be sustained.
(4) the Federal Criminal Police Office sets the criteria and categories for the types of data to be stored in the cases of paragraph 1 number 1 letter b double letter gg, hh, ii, kk and nn in a circular set. This is to publish the current version in the Federal Gazette. The Federal Criminal Police Office can provide criteria for the types of data to be stored in other cases of paragraph 1 in the same regulations.

§ 4 limited and hidden storage
(1) as far as special interests in secrecy or particularly sensitive interests of the person concerned require this as an exception, a party authority either by a storage of the letter of b above extended basic data wholly or partially (limited storage) or all respective data on persons referred to in paragraph 2, associations, groups, foundations, companies, things, Bank connections, addresses, telecommunications connections, telecommunications terminal equipment, see off no. 1 in section 3, paragraph 1 may enter Web sites or addresses for electronic mail in the manner , that the other authorities involved in the case of a query does not recognize the storage of data and do not have access to the stored data (concealed storage). The respective agency head or an official appointed by him especially the higher service decides on limited and hidden storage.
(2) data, a query refers to, are obscured stored, will be the authority who has entered the data, automated transmission of all request data via the query and has to absorb contact immediately with the requesting authority clarify whether knowledge can be transmitted pursuant to § 7. The authority, which has entered the data, only apart from a contact, if outweigh interests in secrecy even after the circumstances of the individual case. The main reasons for the decision pursuant to sentence 2 must be documented. The request data and the documentation are pursuant to sentence 3 not later than to remove or destroy, if you are to delete stored data hidden.
(3) personal data, by 1.
Measures under Article 100a of the Criminal Procedure Act or section 20l of the Federal Criminal Police Office Act, 2.
Measures pursuant to article 100c of the code of criminal procedure or § 20 h of the Federal Criminal Police Office law, 3.
Measures pursuant to article 99 of the code of criminal procedure, 4.
Measures under section 20 k of the Federal Criminal Police Office Act, 5.
Measures within of apartments according to section 16 of the law of the Federal Criminal Police Office, 6 restrictions according to § 1, clause 1 of article 10 Act, 7.
Measures according to article 9 paragraph 2 of the Federal Verfassungsschutz Act, 8.
Measures pursuant to § 22a or section 32a of the Customs Investigation Service Act, 9.
Measures according to Section 23a of the customs investigation service act or were obtained through measures after appropriate national regulations, to save face. Provided to a person pursuant to § 2 sentence 1 number 1 to 3 or a claim according to § 2 sentence 1 number 4 both are to store data pursuant to sentence 1, as well as other data, must be stored only the data pursuant to sentence 1 face down or can see off the recruiting authority by storing the data pursuant to sentence 1 (limited storage).

§ 5 access to the data (1) the authorities concerned may use the data stored in the anti-terrorist file in the automated procedure, as far as this is necessary for the respective tasks to the reconnaissance or combat international terrorism. In the case of a hit, the query shall have access 1) (a) a query to people on the basic data stored for them or b) a query to associations, groups, foundations, companies, things, bank details, addresses, telecommunications connections, telecommunication terminals, websites or addresses for electronic mail pursuant to § 2 sentence 1 number 3 on the data, and 2 on the data according to § 3 para 1 No. 3.
On the extended basic data stored to people, the query authority in case of a hit can gain access if this shall have the authority, which has entered the data in individual cases on request. The decision depends on the applicable delivery regulations. If the query authority without specifying a name number 1(a) using information according to § 3 para 1 in the extended basic data, it receives only access in the event of a hit on the data according to § 3 paragraph 1 number 3. sentence 5 shall apply accordingly, if the search despite a name generated multiple hits.
(2) the query authority allowed to access directly in the case of a hit the extended basic data, if this is necessary due to certain facts to the defense of a present danger to body, life, health or freedom of a person or for items of significant value, maintaining in the public interest, and data transmission due to a request in time possible (Eilfall). The head of the authority or an official appointed by him especially the higher service decides whether there is an Eilfall. The decision and its reasons must be documented. Access shall be recorded pursuant to sentence 3 having regard to the decision. The authority, which has entered the data must be requested immediately subsequent approval. Is the subsequent consent is withheld, the further use of such data is prohibited. The query authority shall delete the data immediately or block according to § 11 ABS. 3. Are the data were sent a third party, this is to point out, that further use of the data is not permitted immediately.
(3) within the participating authorities, authorized persons gain access to the terrorist file exclusively for this purpose.
(4) in the case of any query need to be specified purpose and urgency and documented and visible.

Article 6 further use of the data (1) the query authority may use the data, on which she has access, assign only to check whether the results of the person sought or the requested specified pursuant to § 2 sentence 1 number 3 is for a request for the transmission of knowledge to carry out their respective tasks for reconnaissance or combat international terrorism and to the purposes under section 6a. A use for a purpose other than the performance of their respective tasks for reconnaissance or combat international terrorism is only permitted as far as 1 this is necessary for the pursuit of a particularly serious crime or to ward off a danger to body, life, health or freedom of a person, and 2. the authority which has entered the data agrees to use.
(2) in the Eilfall, the query authority may use only the data which it has access, as far as this is essential to the defense of the present danger according to § 5 para 2 sentence 1 in connection with the fight of against international terrorism.
(3) in the event of use referred to in paragraph 1, the data is set 2 or paragraph 2 to identify. After a transmission is the identification by the recipient to maintain; The same applies to markings according to § 3 paragraph 3 (4) as far as the anti-terror file, use the Federal Criminal Police Office and the State police offices on request from or on behalf of the vented, transmit the data to which they have received access, the Attorney General for law enforcement purposes. The Attorney General may use for requests pursuant to paragraph 1 sentence 1 the data. Section 487, paragraph 3, of the code of criminal procedure shall apply mutatis mutandis.

Section 6a of the advanced project-related data usage (1) a participating agency of the Federal Government must to the fulfilment of their statutory functions the data types stored in the file according to § 3 with the exception of according to § 4 covered stored data expanded use, insofar as this justify the adoption of a specific case-related project for the collection and analysis of information about an international terrorist effort, on the specific facts, that crimes of international terrorism according to the § 129a , 129b and 211 of the Penal Code should be committed and thereby threatening dangers to body, life or liberty of persons, is required in each case to enlighten more contexts of the individual case.
(2) a participating authority of the Federal Government may use advanced stored data to fulfill their statutory duties which the hidden in the file according to § 3 according to § 4 stored data types with the exception, as far as this is required in a particular individual case-related project for qualified crimes of international terrorism in some cases, to enlighten more connections of the case. Qualified crimes of international terrorism are acts of international terrorism, a criminal offence after the §§ 89a, 89 b, 91, 102, 129a, 129 b, 211 or 212 of the Penal Code meet.
(3) a participating authority of the Federal Government may use advanced stored data to fulfill their statutory duties which the hidden in the file according to § 3 according to § 4 stored data types with the exception, as far as this is necessary in a specific case-related project for the prevention of qualified crimes of international terrorism to enlighten more connections of the case and facts justify the assumption that such a crime should be committed. Paragraph 2 sentence 2 shall apply accordingly.
(4) a project is an objectively defined and related to specific periods task a special importance by the danger or imminent damage, the people involved in the situation, the objective of the task or whose consequences.
(5) a more advanced use are creating connections between people, person groups, institutions, objects and things, the exclusion of insignificant information and intelligence, the mapping of incoming information on known facts and statistical analysis of the data stored. To do this, the involved federal authorities may data also by means of 1.
phonetic or incomplete data, 2. finding through a plurality of data fields, 3. linking people, institutions, organisations, things or 4 the time narrowing the query search criteria from the file and spatial and other relations between persons and relationships between people, person groups, represent institutions, objects and things as well as weight the search criteria.
(6) the access is limited directly involved with work in this field of application within the framework of the project-related extended use to the people. The project-related advanced use of the file is limited to a maximum of two years. The period may be extended twice to up to one year, if the conditions for project-related use of advanced data persist and the need for a continuation of the project resulting from the findings obtained with the project.
(7) project-related data usage may be arranged only upon request. The proposal is to put in writing by the agency head or his Deputy, and to justify. It must contain all the information required for the order. The Supreme Federal Authority for the technical supervision of the applicant authority is responsible for the arrangement. The arrangement was made in writing. In it are the reason of the arrangement, to specify the necessary for project-related use of advanced data types of data according to § 3, the functionality and the duration of the project-related extended data use. The functionality of advanced projectspecific data use is that to achieve the project objective to limit necessary. The arrangement shall be justified. From the explanatory statement they must surrender conditions laid down in paragraphs 1 to 3, in particular, that project-related advanced use is necessary to enlighten more relationships. The appointing authority has advanced projectspecific use request and arrangement for privacy control purposes for two years, but at least for the duration.
(8) a under paragraph 7 on extended use may only with the consent of the G 10 Commission (§ 15 paragraph 1 to 4 of article 10 Act) will be completed. The imminent danger that can set 4 under paragraph 7 competent authority the full order even before the approval of the Commission. Has arrangements which the Commission declared inadmissible or not necessary, pursuant to paragraph 7 to revoke set 4 competent authority without delay. The data obtained from the advanced use of data and findings in this case subject to an absolute ban on the use and are immediately to delete.
(9) extensions under paragraph 6 sentence 3 shall be according to the paragraphs 7 and 8.
(10) the data protection responsibility for the implementation of the project bears the applicant authority. The transmission of findings obtained from a project depends on the General submission rules. Article 6, paragraph 4, sentence 1 shall apply knowledge gained from a project referred to in paragraph 1 accordingly.
(11) that are legitimate regional authorities according to § 1 paragraph 1 in accordance with national regulations, paragraphs 1 to 10 correspond to the specifications, entitled, the types of data stored in the file according to § 3 except pursuant to § 4 concealed for the purposes referred to in paragraphs 1 to 3 Advanced to take advantage of stored data. Sentence 1 applies also to State authorities that are authorized by a regulation according to § 1 paragraph 2 to take part in the file.

Article 7 transmission of knowledge transferring knowledge due to a request after § 6 para 1 sentence 1 between the authorities involved depends on the applicable delivery regulations.

§ 8 privacy responsibility (1) data protection responsibility for the data stored in the anti-terrorist file, namely for the legality of the collection, the permissibility of the input, as well as the accuracy and timeliness of data for the authority, which has entered the data. The authority, which has entered the data, must be identifiable. The query authority responsible for the admissibility of the query.
(2) only the authority, which has entered the data may change this data, correct, block or delete.
(3) a public authority has evidence to suggest that data that has entered another authority are incorrect, it informs immediately the authority, which has entered the data, who immediately checks this communication and, if necessary, promptly corrected the data.

§ 9 logging, technical and organizational measures (1) the Federal Criminal Police Office has any access for purposes of data protection control when to log the information enabling the determination of the requested records, as well as the authority responsible for the access and the purpose of access pursuant to § 5 para 4. The log data may be used only as far as their knowledge for purposes of privacy control, backup, to ensure a proper operation of the computer or for detecting information in classified information is required. The log data stored exclusively for purposes pursuant to sentence 1 is to delete after two years.
(2) the Federal Criminal Police Office has the required pursuant to § 9 of the Federal Data Protection Act technical and organisational measures to take.
(3) the German Bundestag every three years, for the first time to the 1 August 2017, the Federal Criminal Police Office reported the data set and the use of the anti-terror file. The report is to publish simultaneously with the supply line to the German Bundestag on the website of the Federal Criminal Police Department.

§ 10 privacy control, information on the persons concerned (1) control of the implementation of the data protection responsibility according to § 24 para. 1 of the Federal Data Protection Act the Federal Commissioner for data protection and freedom of information. The records entered by the countries in the anti-terrorist file can be controlled also by the respective land Commissioner for data protection in connection with their inspection missions in countries as far as the countries are responsible according to § 8 paragraph 1. The Federal Commissioner for data protection and freedom of information in that regard cooperates with the land Commissioners for data protection.
(2) the bodies referred to in paragraph 1 are required at least every two years to monitor the implementation of the data protection within the framework of their respective competences.
(3) not obstructed over the the Federal Criminal Police Office provides the information data stored pursuant to § 19 of the Federal data protection act in agreement with the authority that the data protection law responsibility according to section 8, subsection 1, sentence 1 and examines the admissibility of information according to the applicable legislation. The information to covered stored data depends on the for the authority, which has entered the data, existing legislation.

§ 11 rectification, erasure and blocking of data (1) are incorrect data be corrected.
(2) personal data is to delete if their storage is inadmissible or their knowledge for the reconnaissance or combat international terrorism is no longer required. You are to delete, if its findings are to delete under the legislation applicable to the concerned authorities at the latest.
(3) at the point of a deletion, blocking occurs when there is reason to believe that protection interests of a person adversely affected by the deletion. Blocked data may be obtained only for the purpose and used for the deletion is there have been no; they may be also obtained and used, as far as this is essential for the protection of high-quality legal interests and the elucidation of the facts would be otherwise impossible or substantially more difficult or the person concerned agrees.
(4) the authorities check after the deadlines that apply to the data in the knowledge and handling of individual cases, whether personal data are correct or delete.

§ 12 construction arrangement the Federal Criminal Police Office for the shared file in an establishment order in consultation with the authorities involved to set has details to: 1 the areas of covered international terrorism related to the Federal Republic of Germany, 2. the other involved police law enforcement agencies according to § 1 para 2, 3. the type of data to be stored according to § 3 para 1, 4. the input of data to store, 5. access organizational units of the authorities involved , 6 divisions of the purposes and the urgency of a query and 7 logging.
The construction arrangement requires the approval of the Federal Ministry of the Interior, the Federal Chancellery, the Ministry of Defense, the Federal Ministry of finance and the for the authorities of the countries involved Supreme Land authorities. The Federal Commissioner for data protection and freedom of information is before issuing the construction order to listen to.

§ 13 limitation of fundamental rights fundamental rights of the mail, post and correspondence (article 10 of the Basic Law) and the inviolability of the home (article 13 of the Basic Law) be limited in accordance with this Act.