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Law on the establishment of a standardised central counter-terrorism file of police authorities and intelligence services of the federal government and the federal states

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

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Law on the establishment of a standardised central counter-terrorism file of police authorities and intelligence services of the Federal Government and the Länder (Antiterrordateigesetz-ATDG)

Unofficial table of contents

ATDG

Issue Date: 22.12.2006

Full quote:

" Antiterrordateigesetz vom 22. Dezember 2006 (BGBl. 3409), as last amended by Article 1 of the Law of 18 December 2014 (BGBl. 2318).

Status: Last amended by Art. 1 G v. 18.12.2014 I 2318
Defreezing in accordance with Art. 4 sentence 3 G v. 18.12.2014 I 2318 is taken into account
The G is in accordance with. Art. 5 (2) G v. 22.12.2006 I 3409 with expiry of 30.12.2017 repeal of Article 5 (2). By Art. 4 sentence 3 G v. 18.12.2014 I 2318 mWv 1.1.2015; as a result the validity of the G has been extended beyond the 30.12.2017

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 31.12.2006 + + +) 

The G was enacted as article 1 of the G v. 22.12.2006 I 3409 of the Bundestag. It occurs gem. Article 5 (2) of this Act shall be repeal with effect from 30 December 2017 and shall be evaluated five years after the date of entry into force, with the involvement of a scientific expert appointed in agreement with the German Bundestag. Art. 5 (2) G v. 22.12.2006 I 3409 deed. By Art. 4 sentence 3 G v. 18.12.2014 I 2318 mWv 1.1.2015, thereby the validity of the G has been extended beyond the 30.12.2017. Unofficial table of contents

§ 1 Antiterry file

(1) The Federal Criminal Police Office, the Federal Police Office, the Federal Police Office, the State Criminal Police Offices, the Federal Republic of Germany and the Länder, the Military shielding service, the Federal Criminal Police Office, the Federal Police Office, the Federal Police Office, the Federal Police Office. Federal Intelligence Service and the Customs Crime Office (involved authorities) are leading the Federal Criminal Police Office to fulfil their respective legal tasks to investigate or combat international terrorism with regard to the Federal Republic of Germany. Germany a common standardised central counter-terrorism file (Antiterry file). (2) The Federal Minister of the Interior may, at the request of the respective competent country, authorize further police enforcement authorities to participate in the anti-terrorism file by means of a legal regulation,
1.
these tasks in the fight against international terrorism with respect to the Federal Republic of Germany are not only particularly assigned in individual cases, and
2.
it shall be required to access the counter-terrorism file for the performance of the tasks referred to in paragraph 1, taking into account the legitimate interests of the parties concerned and the security interests of the authorities involved.
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§ 2 Content of the anti-terrorism file and storage obligation

The authorities concerned shall be obliged to store data already collected in accordance with Section 3 (1) in the anti-terrorism file if they are informed in accordance with the law applicable to them on police or intelligence-related findings (findings) where there is a real evidence that the data relate to:
1.
Persons who:
a)
a terrorist organisation according to § 129a of the Criminal Code, which has an international reference, or a terrorist organisation according to § 129a in conjunction with Section 129b (1) sentence 1 of the Penal Code with a reference to the Federal Republic of Germany Germany, or support them,
b)
a grouping which supports an association referred to in point (a), or
c)
-to support a grouping under (b) with knowledge of the activities of the grouping supporting terrorism,
2.
Persons who use violence as a means of enforcing internationally oriented political or religious interests, or who support, prepare or support such a use of force, or through their activities, in particular by advocating of such acts of violence, intentionally, or
3.
a)
Associations, groupings, foundations or undertakings,
b)
Matters, banking connections, addresses, telecommunications terminals, telecommunications terminal equipment, Internet pages or addresses for electronic mail,
where actual evidence is based on the assumption that they are in connection with a person referred to in paragraph 1 or point 2 and that they can be obtained by means of information for the investigation or combating of international terrorism,
and knowledge of the data necessary for the investigation or combating of international terrorism with respect to the Federal Republic of Germany. The first sentence shall apply only to data which the authorities concerned may process in an automated manner in accordance with the legislation applicable to them. Unofficial table of contents

§ 3 Data Specs To Save

(1) The following data types shall be stored in the counter-terrorism file, if any:
1.
To persons pursuant to § 2 sentence 1 (1) and (2)
a)
the surname, first names, previous names, other names, aliasing, other names, gender, date of birth, place of birth, state of birth, current and previous nationalities, present and previous Addresses, special physical characteristics, languages, dialects, photographs, the designation of the case group in accordance with § 2 and, insofar as no other legal provisions preclude, and this is necessary for the identification of a person, information on Identity papers (basic data),
b)
the following additional data types (extended basic data):
aa)
telecommunications terminals and telecommunications terminal equipment used or used by them,
bb)
Addresses for electronic mail,
cc)
bank connections,
dd)
lockers,
ee)
vehicles registered or used by the person,
ff)
Family status,
gg)
Ethnicity,
hh)
Information on religious affiliation, in so far as these are required in individual cases to clarify or combat international terrorism,
ii)
special skills which may be used in accordance with the findings of the authorities involved in the preparation and conduct of terrorist offences in accordance with Article 129a (1) and (2) of the Criminal Code, in particular special Knowledge and skills in the manufacture or handling of explosives or weapons,
jj)
Information on school leaving, vocational training and the profession,
kk)
Information about a current or earlier activity in a vital institution within the meaning of § 1 (5) of the Security Examination Act or of a transport or supply facility or facility, a public transport system or a public transport system. Office building,
b)
information on the danger, in particular the possession of weapons or the willingness of the person to act as a force of violence,
mm)
Driving and flying permits,
nn)
visited places or areas, or in which persons referred to in § 2, first sentence, no. 1 and 2, meet,
oo)
Contact persons to the respective persons pursuant to § 2 sentence 1 (1) (a) or (2),
pp)
the name of the specific association or grouping referred to in the first sentence of Article 2 (1) (a) or (b),
qq)
the date on which the last event occurred, which establishes the storage of the findings,
rr)
summary special observations based on actual clues, supplementary information and assessments of basic data and extended basic data already stored in files of the authorities involved, provided that this is done on a case-by-case basis , and is essential in order to educate or combat international terrorism, and
ss)
Internet pages operated by the person or relevant for the purpose of their activities pursuant to § 2 sentence 1 (1) or (2),
2.
Information on the identification of the associations, groups, foundations, companies, property, bank connections, addresses, telecommunications terminals, telecommunications terminal equipment, internet pages or addresses referred to in § 2 sentence 1, point 3, for electronic mail, with the exception of other personal data, and
3.
to the relevant data referred to in points 1 and 2, the indication of the authority which has the findings and the relevant file number or other business signs and, where available, the classification as a classified information.
(2) The contact persons referred to in paragraph 1 (1) (b), double-letter oo, shall be persons who have actual evidence that they are not only fleeting or in the case of the persons referred to in Article 2, first sentence, point 1 (a) or (2). random contact and are expected to provide further information about the investigation or the fight against international terrorism. Information on contact persons may only be stored as extended basic data referred to in paragraph 1 (1) (b) of the double letter oo with the following data types for identification and contact: the surname, the first names, the previous Names, other names, aliasing, other names, gender, date of birth, place of birth, birth State, current nationality, current address, photographs, own or used by them Telecommunication connections and addresses for electronic mail, (3) Where data to be stored are to be marked on the basis of another piece of legislation, this marking shall be maintained in the storage of the data in the counterterrorism file. (4) The Bundeskriminalamt defines the criteria and categories for the types of data to be stored in the cases referred to in paragraph 1 (1) (b), double letter gg, hh, ii, kk and nn in an administrative provision. This is to be published in the current version in the Federal Gazette. The Federal Criminal Police Office may provide for criteria for the types of data to be stored in the other cases referred to in paragraph 1 in the same administrative provision. Unofficial table of contents

§ 4 Limited and covert storage

(1) In so far as special secrecy interests or particularly sensitive interests of the person concerned require this exceptionally, a participating authority may either be able to save the extended period referred to in Article 3 (1) (1) (b) View basic data in whole or in part (limited storage) or all relevant data relating to persons mentioned in § 2, associations, groups, foundations, companies, property, bank connections, addresses, telecommunication connections, Telecommunications terminal equipment, Internet pages or addresses for electronic Enter post in such a way that, in the event of a query, the other authorities involved do not recognize the storage of the data and do not receive access to the stored data (hidden storage). The relevant authority or a particular officer of the higher service shall decide on restricted and covert storage. (2) If data to which a query relates are stored, the authority responsible for the data shall be the authority responsible for the Data entered, automated by transmission of all inquiry data on the query, and has to contact the requesting authority without delay in order to clarify whether findings can be submitted in accordance with § 7. The authority which has entered the data shall only be able to establish contact if the interests of secrecy prevail, even in the circumstances of the individual case. The main reasons for the decision in accordance with the second sentence are to be documented. The transmitted request data as well as the documentation provided for in the third sentence shall be deleted or destroyed at the latest, if the concealed data are to be deleted. (3) Personal data, which shall be deleted by
1.
Measures in accordance with § 100a of the Code of Criminal Procedure or § 20l of the Federal Criminal Police Act,
2.
Measures in accordance with § 100c of the Code of Criminal Procedure or § 20h of the Federal Criminal Police Act,
3.
Measures in accordance with § 99 of the Code of Criminal Procedure,
4.
Measures pursuant to § 20k of the Federal Criminal Police Act,
5.
Measures within apartments according to § 16 of the Federal Criminal Police Act,
6.
Restrictions in accordance with Article 1 (1) of Article 10 of the Law,
7.
Measures pursuant to Section 9 (2) of the German Federal Constitutional Protection Act,
8.
Measures pursuant to § 22a or section 32a of the Customs Code of Remuneration,
9.
Measures pursuant to Section 23a of the Customs Code of Service Act or
have been obtained by means of measures in accordance with the relevant national legislation, are to be stored. If, in accordance with § 2 sentence 1 (1) to (3) or an indication in accordance with § 2 sentence 1 (4), both data according to sentence 1 and other data are to be stored, only the data according to the sentence 1 must be stored or the setting of the data shall be To view the authority from the storage of the data in accordance with the first sentence (limited storage). Unofficial table of contents

§ 5 Access to the data

(1) The authorities concerned may use the data stored in the anti-terrorism file in the automated procedure to the extent necessary for the fulfilment of the respective tasks for the investigation or combating of international terrorism. In the case of a hit, the requesting authority receives access
1.
a)
in the case of a query to persons on the basic data stored on them, or
b)
in the case of a query on associations, groupings, foundations, companies, property, bank connections, addresses, telecommunication connections, telecommunications terminal equipment, internet pages or addresses for electronic mail pursuant to § 2 sentence 1, point 3 on the data stored for that purpose, and
2.
to the data in accordance with § 3 (1) no. 3.
In the case of a hit, the requesting authority may be granted access to the extended basic data stored in the case of a hit if the authority that entered the data grants it on a case-by-case basis on request. The decision shall be taken in accordance with the rules applicable in each case. If the requesting authority searches for the extended basic data without specifying a name in accordance with Section 3 (1) (1) (a), it shall only be granted access to the data in accordance with Section 3 (1) (3) in the case of a hit. In the case of a hit, the requesting authority may directly access the extended basic data if this is due to certain facts about the defenses. a current threat to a person's life, life, health or freedom, or to the significant value of which it is necessary to maintain in the public interest, and the transfer of data on the basis of a request is not can be done in good time (Eilfall). Whether an accident occurs, the head of the authority or a senior official of the higher service who has been particularly appointed by him, decides. The decision and its reasons are to be documented. Access is to be recorded with reference to the decision after sentence 3. The authority which has entered the data shall be requested without delay in order to give its consent. If the subsequent consent is refused, the further use of this data is inadmissible. The requesting authority shall immediately delete the data or block it in accordance with Section 11 (3). If the data has been transmitted to a third party, it must be immediately pointed out that the further use of the data is inadmissible. (3) Within the participating authorities, only authorized persons are granted access to the data. Counter-scan file. (4) Each query must specify and document the purpose and urgency. Unofficial table of contents

§ 6 Further use of the data

(1) The requesting authority may only verify the data to which it has received access only for the purpose of checking whether the hit of the requested person or the information sought is to be attributed in accordance with Article 2, first sentence, point 3, for a request for the transmission of intelligence to the person concerned. Use their respective tasks to clarify or combat international terrorism and for the purposes of Article 6a. A use for a purpose other than that of the exercise of their respective duties to clarify or combat international terrorism shall be permitted only where:
1.
this is necessary for the prosecution of a particularly serious crime or for the prevention of a person's limb, life, health or freedom, and
2.
the authority that entered the data shall agree to its use.
(2) In the event of an accident, the requesting authority may only use the data to which it has obtained access, insofar as this is essential for the defence of the present danger in connection with the fight against international terrorism in accordance with Article 5 (2) sentence 1 (3) In the case of the use referred to in the second sentence of paragraph 1 or paragraph 2, the data shall be marked. After a transmission, the label shall be maintained by the consignee; the same shall apply to markings in accordance with § 3 (3). (4) Insofar as the Federal Criminal Police Office and the Landeskriminalämter (Federal Criminal Police Office) at the request of or on behalf of the Federal Prosecutor General take advantage of the anti-terror file, transmit the data to which they have been given access, the Federal Prosecutor General for the purposes of law enforcement. The Federal Prosecutor-General may use the data for the request referred to in the first sentence of paragraph 1. § 487 (3) of the Code of Criminal Procedure shall apply accordingly. Unofficial table of contents

§ 6a Extended project-related data usage

(1) In order to fulfil its legal tasks, a participating authority of the Federal Government may use the data stored in the file in accordance with § 3, with the exception of the data stored in concealed form in accordance with § 4, to the extent to which this is within the scope of a specific A case-by-case project for the collection and analysis of information on international terrorism, in which certain facts justify the assumption that international terrorism is a criminal offence in accordance with § § 129a, 129b of the German law and 211 of the Penal Code, and thereby dangers to life, life or freedom of persons, is required in the individual case in order to clarify further relationships of the individual case. (2) A federal authority involved in the file according to § 3 may be required to fulfil its legal tasks. Extend the use of data with the exception of the data stored in concealed form in accordance with § 4, insofar as this is necessary in the context of a specific case-related project for the prosecution of qualified crimes of international terrorism in individual cases is in order to clarify further relationships of the individual case. Qualified crimes of international terrorism are acts of international terrorism which fulfil a criminal offence pursuant to § § 89a, 89b, 91, 102, 129a, 129b, 211 or 212 of the Criminal Code. (3) A federal authority involved in the criminal act may, in order to fulfil its legal tasks, extend the data stored in the file according to § 3, with the exception of the data stored in concealed pursuant to § 4, to the extent that this is within the scope of a specific individual case-related project for the Prevention of qualified crimes of international terrorism , in order to clarify further interrelationships of the individual case, and to justify the assumption that such a crime should be committed. (4) A project is an object which is subject to the objective of the task or which is subject to certain periods of time, which is caused by the danger or the imminent damage, the persons involved in the facts, or the objective of the task, or (5) Extended use is the creation of relationships between persons, personnel groupings, institutions, objects and objects, the exclusion of insignificant information, and Insights to map incoming information to known Facts and the statistical analysis of the stored data. For this purpose, the participating authorities of the Federal Government may also use
1.
phonetic or incomplete data,
2.
the search for a number of data fields,
3.
the link between persons, institutions, organisations, things or
4.
the time limits of the search criteria
from the file as well as spatial and other relationships between persons and relationships between persons, groups of persons, institutions, objects and things, as well as weighting the search criteria. (6) Access to access is to restrict, in the context of project-related extended use, to the persons directly responsible for working on this field of application. The project-related extended use of the file shall be limited to a maximum of two years. The deadline can be extended twice by up to one year, if the conditions for project-related extended data use persist and the need for a continuation from the findings gained with the project of the project. (7) Project-related data usage may only be arranged on request. The application shall be made in writing by the head of the authority or his deputy, and shall be justified. It must contain all the information required for the order. The competent authority for the order is the top federal authority responsible for the supervision of the applicant authority. The order shall be written in writing. It is the reason for the arrangement to specify the data types required for project-related extended data usage in accordance with § 3, the range of functions, and the duration of the project-related extended data usage. The range of functions of project-related extended data usage is limited to what is necessary to achieve the project objective. The order shall be justified. On the basis of the explanatory statement, the conditions set out in paragraphs 1 to 3 must arise, in particular that the extended use of the project is necessary in order to clarify further relationships. The issuing authority shall apply for two years, but at least for the duration of the extended use of the project for the purposes of data protection control purposes. (8) An extended use arranged in accordance with paragraph 7 may only be used with: Approval of the G 10 Commission (Section 15 (1) to (4) of the Article 10 Act). In the event of a risk of default, the competent authority referred to in the fourth sentence of paragraph 7 may also order the enforcement before the Commission has given its assent. Arrangements which the Commission declares to be inadmissible or not necessary shall immediately lift the competent authority referred to in the fourth sentence of paragraph 7. In this case, the data and findings obtained from the extended data use shall be subject to an absolute prohibition of use and shall be deleted immediately. (9) For renewals pursuant to the third sentence of paragraph 6, paragraphs 7 and 8 shall apply accordingly. (10) The applicant authority shall be responsible for the sole responsibility for the implementation of the project in terms of data protection. The transmission of knowledge gained from a project is governed by the general rules on transmission. The first sentence of § 6 (4) shall apply to the findings obtained from a project referred to in paragraph 1. (11) The national authorities entitled to vote in accordance with § 1 paragraph 1 shall be subject to the provisions of national law which comply with the requirements of paragraphs 1 to 10. authorized to use the data stored in the file in accordance with § 3, with the exception of the data hidden in accordance with § 4, for the purposes set out in paragraphs 1 to 3. Sentence 1 shall also apply to state authorities which are entitled to participate in the file by means of a legal regulation pursuant to § 1 (2). Unofficial table of contents

Section 7 Communication of findings

The transmission of findings resulting from a request pursuant to Section 6 (1) sentence 1 between the authorities concerned shall be governed by the applicable rules on the transmission of information. Unofficial table of contents

§ 8 Data Protection Responsibility

(1) The responsibility for data protection for the data stored in the counter-terrorism file, in particular for the legality of the survey, the admissibility of the input as well as the accuracy and timeliness of the data, shall be borne by the authority which is responsible for the data. . The authority that entered the data must be recognizable. The authority responsible for the admissibility of the query shall bear the requesting authority. (2) Only the authority which has entered the data may amend, correct, block or delete this data. (3) If a public authority has evidence that data containing a data subject to the data is not available, the data may be deleted. , it shall immediately inform the authority which has entered the data immediately to the authority which has entered the data and shall, if necessary, rectify the data without delay. Unofficial table of contents

§ 9 Logging, technical and organisational measures

(1) The Federal Criminal Police Office shall have the time at each access for the purposes of the data protection control, the information enabling the determination of the accessed data records, as well as the authority responsible for the access and the access purpose in accordance with § 5 (4) to be recorded. The protocol data may only be used, insofar as it is aware of data protection, data protection, ensuring the proper operation of the data processing system or proof of the information provided by the data processing system. Classified information is required. The data stored exclusively for the purposes of sentence 1 shall be deleted after two years. (2) The Federal Criminal Police Office shall take the necessary technical and organisational measures in accordance with § 9 of the Federal Data Protection Act. (3) The Federal Criminal Police Office reports to the German Bundestag every three years, for the first time on 1 August 2017, on the data collection and the use of the anti-terrorism file. The report is to be published at the same time as the lead to the German Bundestag on the website of the Federal Criminal Police Office. Unofficial table of contents

§ 10 Data Protection Control, information to the person concerned

(1) The control of the implementation of data protection is the responsibility of the Federal Commissioner for Data Protection and the Freedom of Information in accordance with Section 24 (1) of the Federal Data Protection Act. The data records entered by the countries in the counter-terrorism file may also be checked by the respective national data protection officers in connection with the performance of their audit duties in the countries, to the extent that the countries have § 8 (1). The Federal Commissioner for Data Protection and Freedom of Information shall cooperate with the State Commissioner for Data Protection to this extent. (2) The bodies referred to in paragraph 1 shall be obliged, within the limits of their respective responsibilities, to: (3) The Bundeskriminalamt (Federal Criminal Police Office) shall, in agreement with the authority responsible for the protection of the data, provide the information in accordance with Section 19 of the Federal Data Protection Act (Bundeskriminalamt) on the data not stored in concealed form. In accordance with Article 8 (1) sentence 1, the responsibility for data protection is carried out and the admissibility of the Exchange of information in accordance with the legislation applicable to them. The information on concealed data shall be governed by the legislation in force for the authority which has entered the data. Unofficial table of contents

§ 11 Correction, erasure and blocking of data

(1) Inaccurate data shall be corrected. (2) Personal data shall be deleted if their storage is inadmissible or their knowledge of the Enlightenment or the fight against international terrorism is no longer necessary. They shall be deleted at the latest if the relevant findings are to be deleted in accordance with the law applicable to the authorities concerned. (3) The deletion of a deletion shall occur if there is reason to believe that: would be affected by the deletion of legitimate interests of a person concerned. Blocked data may only be retrieved and used for the purpose for which the deletion is not; they may also be called up and used, insofar as this is essential for the protection of particularly high-quality legal goods and the clarification of the (4) The issuing authorities shall examine the time limits applicable to the information and, in the case of case-by-case processing, whether personal data are to be processed. be corrected or deleted. Unofficial table of contents

§ 12 Order

The Federal Office for Criminal Invescrime (Bundeskriminalamt) has, in agreement with the authorities concerned, to provide details of the joint file in a setting-up order:
1.
the areas covered by international terrorism in relation to the Federal Republic of Germany,
2.
the other police enforcement authorities involved in accordance with Article 1 (2),
3.
the nature of the data to be stored in accordance with section 3 (1),
4.
the input of the data to be stored,
5.
the authorized organisational units of the authorities concerned,
6.
the subdivisions of the purposes and the urgency of a query; and
7.
of logging.
The alignment order requires the approval of the Federal Ministry of the Interior, the Federal Chancellery, the Federal Ministry of Defence, the Federal Ministry of Finance and the top competent authorities for the participating authorities of the countries. State authorities. The Federal Commissioner for Data Protection and Freedom of Information is to be heard before the establishment of the order. Unofficial table of contents

Section 13 Restriction of fundamental rights

The fundamental rights of the secrecy, postal and telecommunications secrecy (Article 10 of the Basic Law) and the inviolability of the flat (Article 13 of the Basic Law) shall be restricted in accordance with this law.