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Law on the Federal Criminal Police Office and the cooperation of the Federation and the Länder in criminal police matters (Article 1 of the Act on the Federal Criminal Police Office and the cooperation of the federal and state governments in criminal po

Original Language Title: Gesetz über das Bundeskriminalamt und die Zusammenarbeit des Bundes und der Länder in kriminalpolizeilichen Angelegenheiten (Artikel 1 des Gesetzes über das Bundeskriminalamt und die Zusammenarbeit des Bundes und der Länder in kriminalpolizeiliche...

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Law on the Federal Criminal Police Office and the cooperation of the federal and state governments in criminal police matters (Article 1 of the Act on the Federal Criminal Police Office and the cooperation of the Federal Government and the Länder in criminal police law Matters) (Bundeskriminalamtgesetz-BKAG)

Unofficial table of contents

BKAG

Date of completion: 07.07.1997

Full quote:

" Bundeskriminalamtgesetz vom 7. Juli 1997 (BGBl. I p. 1650), which is provided by Article 7 of the Law of 17 July 2015 (BGBl. I p. 1324).

Status: Amended by Art. 3 iVm Art. 9 G v. 20.6.2013 I 1602
Note: Amendment by Art. 7 G v. 17.7.2015 I 1324 (No 31) in a textual proof, not yet concludedly processed in a documentary form

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.8.1997 + + +) 

The G was issued by the Bundestag. It's gem. Art. 7 sentence 1 G v. 7.7.1997 I 1650 entered into force on 1 August 1997. Unofficial table of contents

Content Summary

Section 1
Central institutions for cooperation in criminal police matters, tasks of the Federal Criminal Police Office
§ 1 Central institutions for cooperation in criminal police matters
§ 2 Central Office
§ 3 International cooperation
§ 4 Criminal prosecution
Section 4a Defence of the dangers of international terrorism
§ 5 Protection of members of the constitutional bodies and the management of the Federal Criminal Police Office
§ 6 Witness protection
Section 2
Powers of the Bundeskriminalamt
Subsection 1
Central Office
§ 7 Management of criminal-police personal collections of the Central Office
§ 8 Files of the Central Office
§ 9 Other files of the Central Office
§ 10 Data transmission in the national field
§ 11 Police Information System
§ 12 Data protection legal responsibility in the police information system
§ 13 Information to the Central Office
Subsection 2
International cooperation
§ 14 Powers of cooperation in the international field
§ 14a Transfer of personal data to Member States of the European Union
§ 15 Tendering powers in international cooperation
Section 15a Subsequent notification of invitations to tender for covert control in the Schengen Information System
Subsection 3
Prosecution and data storage for the purposes of future criminal proceedings
§ 16 Use of technical means for self-assurance
§ 17 Assistance to the police authorities of the countries in the field of law enforcement
§ 18 Coordination in the field of criminal prosecution
§ 19 Official acts, support obligations of the countries
§ 20 Data storage for the purposes of future criminal proceedings
Subsection 3a
Defence of the dangers of international terrorism
§ 20a General powers
§ 20b Collection of personal data
§ 20c Interviewing and reporting requirements
§ 20d Identity determination and verification of authorization
§ 20e Recognition services
§ 20f Summons
§ 20g Special means of data collection
§ 20h Special provisions relating to the use of technical equipment in or out of flats
§ 20i Call for tender for police observation
§ 20j Grid fainting
§ 20k Covert intervention in information technology systems
§ 20l Telecommunications monitoring
§ 20m Collection of telecommunications traffic data and usage data
§ 20n Identification and localization of mobile phone cards and terminals
§ 20o Space referral
§ 20p Custody
§ 20q Search of persons
§ 20r Search of things
§ 20s Ensure
§ 20t Enter and search for apartments
§ 20u Protection of persons entitled to refuse to testifiable
§ 20v Jurisdiction, marking, use and deletion
§ 20w Notification
§ 20x Transmission to the Federal Criminal Police Office
Subsection 4
Protection of members of the constitutional bodies and the management of the Federal Criminal Police Office
Section 21 General powers
Section 22 Collection of personal data
Section 23 Special means of data collection
§ 24 Data transfer to the Federal Criminal Police Office
Section 25 Processing and use of personal data
Subsection 5
Witness protection
Section 26 Powers
Section 3
Common provisions
§ 27 Prohibition of delivery and refusal of refusal
§ 27a Use of data transmitted in accordance with Council Framework Decision 2006 /960/JHA
§ 28 Reconciliation of personal data with files
§ 29 Processing and use for scientific research
§ 30 Further use of data
Section 31 Notification of the storage of personal data of children
Section 32 Rectification, erasure and blocking of personal data
data in files
§ 33 Rectification, blocking and destruction of personal data in files
Section 34 Erection Order
§ 35 Supplementary schemes
§ 36 Adoption of administrative provisions
Section 37 Application of the Federal Data Protection Act
§ 38 Limitation of fundamental rights

Section 1
Central institutions for cooperation in criminal police matters, tasks of the Federal Criminal Police Office

Unofficial table of contents

§ 1 Central office for cooperation in criminal police matters

(1) The Federal Government has a federal criminal office for cooperation between the Federal Government and the Länder in criminal matters. (2) The Länder maintain for their territory the central services of the Criminal Police (Landeskriminalämter) for the protection of criminal matters. cooperation between the federal and state governments. Several countries can maintain a common state criminal office. (3) The prosecution and the prevention of criminal offences and the tasks of the other security shall remain a matter for the Länder, unless otherwise provided by law. Unofficial table of contents

§ 2 Central Office

(1) The Federal Criminal Police Office (Bundeskriminalamt) supports the police officers of the federal and state governments in the prevention and prosecution of criminal offences with transnational police officers as the central office for police information and communications and for the criminal police. international or considerable importance. (2) The Federal Criminal Police Office has the task of carrying out this task
1.
collect and evaluate all the information required for this purpose,
2.
to inform the federal and state law enforcement authorities without delay of the information concerning them and of the relationships of criminal offences in experience.
(3) The Federal Criminal Police Office maintains a police information system in accordance with this law. (4) The Federal Criminal Police Office (Bundeskriminalamt) operates as a central office in support of the police forces of the federal and state governments in the prevention and Prosecution of criminal offences and security of central facilities and collections, in particular:
1.
central recognition services and collections, as well as
2.
central facilities for the search for persons and property.
(5) The Federal Criminal Police Office may assist the countries in their processing of data upon request. The processing and use of the data is carried out according to the instructions of the Länder and in accordance with their regulations on data processing on behalf. (6) The Federal Criminal Police Office (Bundeskriminalamt) has also as the central office in support of the police forces of the Federal Republic of Germany and the Federal Republic of Germany. Countries in the prevention and prosecution of criminal offences
1.
to maintain the necessary facilities for all areas of criminal investigation and for criminal research and to coordinate police cooperation in these areas,
2.
to produce criminal police analyses and statistics, including crime statistics, and to monitor the development of crime,
3.
research and development of police methods and methods of combating crime,
4.
To carry out training and further training events in special criminal police areas.
(7) The Federal Office of Criminal Investigation (Bundeskriminalamt) shall report on recognition service and criminal technical reports for criminal proceedings on the requirements of police departments, public prosecutors and courts. Unofficial table of contents

§ 3 International cooperation

(1) The Federal Criminal Police Office (Bundeskriminalamt) is the National Central Office of the Federal Republic of Germany for the International Criminal Police Organization. (1a) The Federal Criminal Police Office is the central national body for the exchange of information pursuant to Article 39 (1) (1) of the German Federal Criminal Police Office. 3 and Article 46 (2) of the Schengen Convention, for the operation of the national part of the Schengen Information System and the SIRENE Bureau for the exchange of supplementary information. Calls for tenders in the Schengen Information System are carried out in the police information system in accordance with § 11. (2) The police force of the federal and state police forces required for the prevention or prosecution of criminal offences is carried out with the police and the police. The Federal Criminal Police Office is responsible for judicial authorities and other competent public authorities in other states. Special federal regulations, in particular the provisions on international mutual legal assistance in criminal matters as well as deviating regulations by agreements of the Federal Ministry of the Interior with the relevant supreme state authorities or by agreements of the competent national authorities with the competent foreign authorities within the framework of the agreements concluded by the Federal Government and the international cooperation of the customs authorities. (3) the first sentence of paragraph 2 shall apply: shall not be used for the carriage of services with the competent authorities of the neighbouring States and the Member States of the European Union, in so far as this relates to criminality of regional importance in the border area, or where there is a risk of such crime being in default. The Federal Criminal Police Office shall immediately inform the Federal Criminal Police Office of the service referred to in the first sentence of the first sentence. By way of derogation from the first sentence of paragraph 2, the police may, in agreement with the Federal Criminal Police Office, carry out the necessary service with the competent authorities of other States in case of demarcable case design within the framework of regional priority measures. Unofficial table of contents

§ 4 Prosecution

(1) The Federal Criminal Police Office is responsible for the police tasks in the field of law enforcement
1.
in cases of internationally organised unlawful trade in arms, munitions, explosives, narcotics or medicinal products, and the internationally organised production or dissemination of counterfeit money, which shall be subject to a declaration of expertise abroad , as well as related offences, including internationally organised money-laundering,
2.
in cases of criminal offences committed against life (§ § 211, 212 of the Criminal Code) or the freedom (§ § 234, 234a, 239, 239b of the Criminal Code) of the Federal President, of members of the Federal Government, of the Bundestag and of the Bundestag Federal Constitutional Court or the guests of the constitutional bodies of the Federal Government of other States or of the heads and members of the diplomatic missions certified to the Federal Republic of Germany if it is to be assumed that the perpetrator of the political motives, and which touches on matters of foreign policy or of foreign policy,
3.
in the case of internationally organised crime
a)
pursuant to § 129a, also in conjunction with Section 129b (1), of the Penal Code,
b)
According to § § 105 and 106 of the Criminal Code to the detriment of the Federal President, a constitutional body of the federal government or the member of a constitutional body of the federal government and thus related offences,
4.
in the cases of the offences referred to in § 129a (1) (1) and (2) of the Criminal Code, and related offences, in so far as it is a foreign stat and a place of jurisdiction has not yet been established,
5.
in the case of criminal offences in accordance with § § 202a, 202b, 202c, 263a, 303a and 303b of the Criminal Code, in so far as there is actual evidence that the crime is against
a)
the internal or external security of the Federal Republic of Germany, or
b)
Federal authorities or institutions of the federal or security-sensitive bodies of vital facilities where there is a risk of a major threat to the health or life of humans or to the loss or destruction of such facilities, or The functioning of the community is essential,
.
The Public Prosecutor's Office may, in consultation with the Federal Criminal Police Office, carry out the investigation of another police authority which is otherwise responsible. The Federal Ministry of the Interior's consent is required for the performance of the tasks set out in the first sentence of 1. 2 and 3 (b). In the case of danger in the case of danger, the Federal Criminal Police Office may take action before the consent is granted. (2) The Federal Criminal Police Office shall take the necessary measures to ensure that the Federal Criminal Police In addition to the police tasks in the field of law enforcement, if:
1.
a competent national authority is requested, or
2.
The Federal Minister of the Interior, after informing the supreme state authority, arranges it for serious reasons, or
3.
the Federal Prosecutor General asks for it or issued an order.
Sentence 1 (1) and (3) shall apply mutatis-ly to the search for convicted persons for the purpose of enforcement. (3) The supreme state authorities responsible for criminal justice and the police shall be notified immediately if the Federal Criminal Police Office (Bundeskriminalamt) shall carry out police duties in the field of criminal prosecution; in addition, shall be notified without delay of the competent State Criminal Police Offices, the Federal Prosecutor General in cases where he is responsible for the conduct of the investigation, and in the other cases, the attorneys general, in the districts of which Court of jurisdiction is justified. The obligation of other police authorities to carry out the necessary inexorable measures as well as the powers of the Public Prosecutor's Office pursuant to Section 161 of the Criminal Procedure Code shall remain unaffected. (4) In the cases referred to in paragraphs 1 and 2, the Federal Criminal Police Office (Bundeskriminalamt) to give instructions for cooperation to the responsible State Criminal Offices (§ 1 para. 2). The supreme state authority shall be notified immediately. Unofficial table of contents

Section 4a Defence of the dangers of international terrorism

(1) The Federal Criminal Police Office may carry out the task of defence against the dangers of international terrorism in cases where:
1.
there is a cross-border danger,
2.
the competence of a State police authority is not identifiable, or
3.
the supreme state authority asked for a takeover.
In such cases, it may also prevent offences referred to in Article 129a (1) and (2) of the Criminal Code and intended to intimidate the population in a significant manner, to be illegal by an authority or an international organisation. to eliminate or significantly affect the political, constitutional, economic or social structures of a State or an international organisation by force or by threat of violence, or to significantly impede the political, constitutional, economic or social structures of a State or an international organisation, and by the nature of the commission or its effects a state or a (2) The powers of the federal states and other police authorities of the Federal Republic of Germany remain unaffected. The competent supreme state authorities and, if competent, other federal police authorities shall be notified immediately if the Federal Criminal Police Office is responsible for the task referred to in paragraph 1. The task perception shall be carried out in mutual consultation. If the Bundeskriminalamt (Federal Criminal Police Office) determines the jurisdiction of a state police authority in the case of the task in accordance with the first sentence of the first sentence of paragraph 1, it shall issue this task to this police authority if there is not a case in the first sentence of 1 or 3 of the first paragraph of paragraph 1. Unofficial table of contents

§ 5 Protection of members of the constitutional bodies and the management of the Federal Criminal Police Office

(1) Without prejudice to the rights of the President of the German Bundestag and the jurisdiction of the Federal Police and the police officers of the Länder, the Federal Criminal Police Office shall be responsible for:
1.
the required personal protection
a)
for the members of the constitutional bodies of the federal government,
b)
in particular cases to be determined by the guests of these constitutional bodies from other States, and
c)
for the management of the Federal Criminal Police Office;
in the cases referred to in (a) and (c), the necessary protection may, in particular, extend beyond the term of office and involve family members;
2.
the internal protection of the service and residences of the Federal President, the members of the Federal Government and, in particular, cases of their guests from other States.
(2) If officers of the Federal Criminal Police Office and the police of a country are to be used at the same time in the cases referred to in paragraph 1, the Federal Ministry of the Interior shall decide on this subject in agreement with the supreme state authority. Unofficial table of contents

§ 6 witness protection

(1) In the cases of § 4 (1) sentence 1 no. 1 to 3 and No. 5 and paragraph 2 sentence 1, the Bundeskriminalamt shall be responsible for the protection of persons whose testimony is or was of importance for the purpose of investigating the truth. The same shall apply to their relatives and other persons close to them. The Federal Criminal Police Office shall immediately inform the competent State Criminal Investigation Office of the acquisition of witness protection. (2) In individual cases, witness protection measures may be carried out by agreement between the Federal Criminal Police Office and a national criminal office. Police officers of this country will be carried out. The obligation of other police authorities to take the inexorable measures necessary for the prevention of danger remains unaffected.

Section 2
Powers of the Bundeskriminalamt

Subsection 1
Central Office

Unofficial table of contents

Section 7 Guided tour of the central office of criminal police

(1) The Federal Criminal Police Office may store, modify and use personal data to the extent that this is necessary for the fulfilment of its respective tasks as a central office. (2) The Federal Criminal Police Office may, insofar as this is intended to carry out its task as The central office in accordance with § 2 para. 2 no. 1 is required to collect data to supplement existing facts or otherwise for the purpose of evaluation by means of information or enquiries from public or non-public bodies. In the case of the authorities and bodies of other States referred to in Article 14 (1) as well as with international organisations involved in the prosecution and prevention of criminal offences, the Federal Criminal Police Office may also provide data under the conditions set out in sentence 1. collect. In pending criminal proceedings, the Federal Criminal Police Office shall only be entitled to this power in agreement with the competent law enforcement authority. (3) Insofar as this shall be the central office of the Federal Criminal Police Office in accordance with the provisions of paragraph 2 of this Article. § 2 (2) (1) may be required by the person who provides for or participates in the business of telecommunications services in respect of the data collected in accordance with § § 95 and 111 of the Telecommunications Act (§ 113 paragraph 1 Set 1 of the Telecommunications Act). Where the request for information in accordance with the first sentence relates to data by means of which access to terminal equipment or to storage facilities which are used in these terminals or in a spatially separate way is protected (Section 113 (1) sentence 2 of the (4) The information referred to in paragraph 3 may also be provided on the basis of a date allocated at a specific time. Internet protocol address required (Section 113 (1) sentence 3 of the Telecommunications Act). (5) Requests for information pursuant to the second sentence of paragraph 3 may only be ordered by the court at the request of the President of the Federal Criminal Police Office or his representative. In the event of danger in default, the order may be made by the President of the Federal Criminal Police Office or his representative. In such a case, the judicial decision shall be taken immediately. Sentences 1 to 3 shall not apply if the person concerned is already aware of or has to be informed of the request for information, or if the use of the data is already permitted by a court decision. The existence of the conditions set out in the fourth sentence shall be taken into account. Section 20v (2) shall apply accordingly. (6) In the cases referred to in the second sentence of paragraph 3 and in paragraph 4, the person concerned shall be notified of the information provided. The notification shall be made as far as and as soon as hereby the purpose of the information is not foiled. It shall not be held unless the overriding legitimate interests of third parties or of the person concerned are contrary to the protection of the person concerned. If the notification is returned in accordance with the second sentence, or if the notification is not carried out in accordance with the third sentence, the reasons are to be informed. (7) The person who is responsible for telecommunications services shall have the right to obtain information pursuant to paragraph 3 or 4. , or shall be involved in providing the data necessary for the exchange of information without delay. § 23 of the Justice and Compensation Act is to be applied accordingly for the compensation of the service providers. (8) The Federal Criminal Police Office can also do so in cases in which data is already stored in a data file for a person. (9) If assessments are stored in files, it must be possible to determine where the documents are held, which are the responsibility of the person who is responsible for the protection of the person or the person who is responsible for the protection of the person. of the evaluation. (10) The Federal Criminal Police Office (Bundeskriminalamt) can do the The Federal Ministry of the Interior, with the consent of the Federal Council, shall determine the nature of the data, with the consent of the Federal Council, by means of a regulation of the law. which may be stored in accordance with § § 8 and 9. Unofficial table of contents

§ 8 Files of the Central Office

(1) The Federal Criminal Police Office (Bundeskriminalamt) may fulfil its duties pursuant to § 2 (1) to (3)
1.
the personal data of accused persons and, where necessary, other characteristics suitable for identification,
2.
the criminalact-leading police department and the criminal act number,
3.
the tides and the crime scenes, and
4.
the accusation of the offences by indicating the legal provisions and the name of the offences
store, modify and use files. (2) Further personal data of accused persons and personal data of persons suspected of a criminal offence can only be stored, changed and used by the Federal Criminal Police Office, insofar as this is not the case. is required because, because of the nature or execution of the act, the personality of the person concerned or any other evidence, there is reason to believe that criminal proceedings are to be brought against the accused or suspect. (3) Accused legally acquitted, the opening of the main proceedings against him shall not be refused or the proceedings not only provisionally closed, the storage, modification and use shall be inadmissible if it arises on the grounds of the decision that the person concerned does not commit the act or is not unlawful (4) Personal data of such persons who may be considered as witnesses in any future prosecution or where there are indications that they may be victims of a future crime, as well as contact and accompanying persons of the persons, whistleblowers and other information persons referred to in paragraph 2 can only be stored, modified and used as far as this is necessary for the prevention or prevention of the future prosecution of a crime of considerable importance. The storage in accordance with the first sentence shall be limited to the data referred to in paragraph 1 (1) and (2) and to the information in which the person's property and the facts of the data are stored. Personal data relating to witnesses, possible victims, whistlebloc providers and other information providers in accordance with sentence 1 may only be stored with the consent of the person concerned. Consent is not required if the disclosure of the storage intent would endanger the purpose pursued with the storage. (5) Personal data of other persons may save the Federal Criminal Office in files, change and (6) The Federal Criminal Police Office (Bundeskriminalamt) may, in order to carry out its tasks in accordance with § 2 para. 4, to fulfil its duties, to ensure that the persons concerned are subject to significant importance. Data collected in the course of the implementation of recognition services shall be stored, modified and used in files where a different piece of legislation permits or is required to do so,
1.
because, in the case of defendants and persons suspected of a criminal offence, the nature or execution of the offence, the personality of the person concerned or any other evidence, there is reason to believe that criminal proceedings should be brought against him; or
2.
to avert significant risks.
Paragraph 3 shall apply accordingly. Unofficial table of contents

§ 9 Other files of the Central Office

(1) The Federal Criminal Police Office may store, modify and use personal data in files, insofar as this is necessary for punishing and police observation, if the Federal Criminal Police Office or the body responsible for the invitation to tender has been issued after the shall be entitled to carry out the measure provided for in the invitation to tender for the purpose of prosecution, the execution of the sentence, the execution of the sentence or the defence of significant risks, or to carry out the invitation to tender by a police authority, . The first sentence shall apply mutagenic to invitations to tender for the implementation of the measures to be taken or to be taken in the event of a ban. The office responsible shall be responsible for the admissibility of the measure. It shall, in its request, refer to the appropriate action and the extent and duration of the call for tenders. After the end of an invitation to tender according to sentence 1 or 2, the data stored for this purpose shall be deleted immediately. (2) The Federal Criminal Police Office may store, modify and use personal data in files, insofar as this is necessary for the purpose of: The purpose of the detection of persons who are subject to an unlawful act of deprivation of liberty on suspicion or proof of unlawful deprivation. The deletion of the data takes place after two years. (3) The Federal Criminal Police Office may store, modify and use personal data of missing persons, unknown helpless persons and dead persons for purposes of identification. Unofficial table of contents

§ 9a Project-related joint files

(1) The Federal Criminal Police Office (Bundeskriminalamt) can for the duration of a temporary project-related cooperation with the federal and state constitutional protection authorities, the Military shielding service, the Federal Intelligence Service, police authorities of the Federal Government and the Federal Office of the Federal Republic of Germany. Countries and the Customs Crime Office to set up a common file. Project-related cooperation shall, in accordance with the tasks and powers of the authorities referred to in the first sentence, aim at the exchange and joint evaluation of police or intelligence-related findings.
1.
Offences in accordance with Section 99 of the Criminal Code,
2.
Offences in accordance with § 129a, also in conjunction with Section 129b (1), of the Criminal Code,
3.
Intentional offences in accordance with § § 17 and 18 of the Foreign Trade Act, in so far as this is a case of special significance, or
4.
Offences which are directly related to the offences referred to in points 1 to 3.
Personal data relating to the offences referred to in the second sentence may be used, using the common file, by the authorities involved in the project-related cooperation, within the limits of their powers, in so far as this is necessary in this context. of their tasks. In the case of further use of the personal data, the relevant provisions concerning the use of data shall be used for the authorities concerned. (2) For the input of personal data in the joint file, the following shall apply. in accordance with the relevant transmission rules in favour of the authorities involved in the cooperation, with the proviso that the entry is only admissible if the data are transmitted to all the authorities participating in the project-related cooperation shall be allowed. An input is also allowed only if the authority that entered the data is allowed to store the data in its own files. The data must be marked. (3) For the management of a project-related joint file, § 11 (3) and § 12 (1) to (4) apply accordingly. Section 11 (6) shall apply with the proviso that the logging shall be carried out on each data retrieval system. Section 12 (5) shall apply with the proviso that the Federal Criminal Police Office shall grant the information in agreement with the authority to be held in accordance with Article 12 (5), second sentence, and that the competent authority shall grant such information the admissibility of the exchange of information in accordance with the provisions applicable to it. (4) A common file referred to in paragraph 1 shall be limited to a maximum of two years. The deadline may be extended twice by up to one year in each case if the objective of project-related cooperation has not yet been achieved at the end of the project and the file is still required for the attainment of the objective. (5) For the Correction, blocking and deletion of personal data by the authority which has entered the data shall be subject to the respective provisions applicable to them concerning the correction, blocking and deletion of data accordingly. For data entered by the Federal Criminal Police Office § 32, with the exception of § 32 para. 2 no. 2, para. 4 sentence 5 and para. 5 application. (6) The Federal Criminal Police Office has for the joint file in a grounding order the disclosures according to § 34 para. 1 sentence 1 (1) to (9) and, in agreement with the authorities participating in the project-related cooperation, to determine their respective organisational units which are authorised to enter and retrieve them. The alignment order requires the approval of the Federal Ministry of the Interior as well as of the top federal and state authorities responsible for the technical supervision of the cooperating authorities. The Federal Commissioner for Data Protection and Freedom of Information is to be consulted prior to the adoption of an order for the establishment of a system of establishment. Section 34 (3) shall apply accordingly. Unofficial table of contents

§ 10 Data transfer in the national field

(1) The Federal Criminal Police Office may transmit personal data to other police officers of the Federal Government and to police officers of the Länder, insofar as this is necessary for the performance of his duties or that of the recipient. (2) The Federal Criminal Police Office may be sent to other police officers. the authorities referred to in paragraph 1 and other public authorities shall transmit personal data to the extent that this is provided for in other legislation or is necessary
1.
for the performance of his duties under this Act,
2.
for the purposes of law enforcement, enforcement, prison and mercy proceedings,
3.
for the purposes of security or
4.
to prevent a serious impairment of the rights of individuals
(3) Under the conditions set out in paragraph 2, the Federal Criminal Police Office may also transmit personal data to non-public bodies. The Federal Criminal Police Office has to provide proof of the reason, content, recipient and day of transmission as well as the file reference. The evidence must be stored separately, secured against unauthorized access, and at the end of the The calendar year which follows the year of its preparation. The destruction shall not be destroyed as long as proof is required for the purposes of an already initiated data protection control procedure or for the prevention or prosecution of a serious offence against the body, life or freedom of a person, or There is reason to believe that, in the event of destruction, the interests of the person concerned would be adversely affected. (4) There is reason to believe that the transmission of data as referred to in paragraph 3 of the data collection is based on the assumption that the data on which the data are collected is based on the The Bundeskriminalamt (Federal Criminal Police Office) would seek to endanger the Consent of the body from which the data were transmitted to the Federal Criminal Police Office. Under the conditions set out in the first sentence, the transmitting body may identify certain data transmitted by it or indicate that its consent is to be obtained prior to a transfer pursuant to paragraph 3. (5) Data relating to the provisions of § § 41 and 61 of the Federal Central Register Act, only the entities referred to in § § 41 and 61 of the Bundeszentralregistergesetz (Federal Central Register Act) may be transmitted for the purposes specified therein in accordance with paragraphs 2 and 3. The prohibition of exploitation in accordance with § § 51, 52 and 63 of the Federal Central Register Act must be observed. (6) The recipient may only use the transmitted personal data for the purpose for which they have been transmitted to him. Use for other purposes is permissible, provided that the data may also have been transmitted for this purpose and, in the case of paragraph 3, the Federal Criminal Police Office agrees. In the case of transfers to non-public authorities, the Federal Criminal Police Office has to inform the addressee. (7) The establishment of an automated procedure for the transmission of personal data by retrieval is in accordance with § 10 (2) and 3 of the Bundesdatenschutzgesetz (Federal Data Protection Act) only for the performance of full-time policy tasks with the consent of the Federal Ministry of the Interior and the interior ministries and senate administrations of the Länder, insofar as this form of data transfer is under Taking into account the legitimate interests of the persons concerned on account of the The Federal Criminal Police Office is responsible for the admissibility of the transmission. Where the transmission is carried out in the cases referred to in paragraphs 1 and 2, point 2, at the request of the beneficiary, the latter shall bear the responsibility. In such cases, the Federal Criminal Police Office shall only examine whether the request for transmission lies within the scope of the tasks of the recipient, unless there is a particular reason to check the admissibility of the transmission. § 10 (4) of the Federal Data Protection Act (Bundesdatenschutzgesetz) shall apply in the case of retrieval in the automated procedure, to the extent that the application is set up for three months or less. If the procedure is set up for a term of more than three months, Section 11 (6) shall apply. (9) Further personal data of the personal data of the If the person concerned or a third party is connected in files in such a way that a separation is not possible or is only possible with an unjustifiable effort, the transmission of such data shall also be permissible, insofar as the legitimate interests of the person concerned or of a third party are not justified. the confidentiality obviously outweighs; the use of such data is inadmissible. Unofficial table of contents

Section 11 Police information system

(1) The Federal Criminal Police Office (Bundeskriminalamt) is responsible for the electronic data network between the Federal Government and the Länder as part of its task pursuant to Article 2 (3) of the Central Office. The Federal Ministry of the Interior, in agreement with the interior ministries and the senate administrations of the Länder, shall determine the files to be included in the police information system. § 36 shall remain unaffected. (2) To participate in the police information system with the right to enter data for the performance of the obligation pursuant to § 13 in the automated procedure and, insofar as this is necessary for the respective task performance, , apart from the Federal Criminal Police Office and the State Criminal Police Offices, other police authorities of the Länder, the Federal Police and the authorities responsible for the exercise of border police duties are the customs administration and the customs office for criminal offences authorized. In the erection orders to be issued in accordance with § 34, it is necessary for each automated file of the police information system to determine which authorities are entitled to enter data and retrieve data. § § 7 to 9 apply accordingly. (3) Only the authority that has entered into a person's data is authorized to change, correct or delete the data. If a participant in the police information system has evidence that data is incorrect, he shall immediately inform the issuing authority that it is obliged to examine this communication without delay and, if necessary, to provide the data to change, correct or delete immediately. If data are stored for one person, each participant in the police information system can enter further data in addition. (4) The Federal Foreign Office is to be used in the automated procedure of the search tenders for arrest and arrest. Determination of the residence permit, insofar as this is necessary for the diplomatic missions abroad in their capacity as passport authorities. The public prosecutors have the power to call for automated procedures for criminal justice purposes:
1.
notices of arrest and residence and, in accordance with the provisions of the Schengen Convention, invitations to tender, which are stored in the Schengen Information System,
2.
Data on deprivation of liberty and
3.
Data from the DNA analysis file.
The Federal Ministry of the Interior is authorized, in agreement with the Federal Ministry of Justice, by decree law, which requires the approval of the Federal Council, further data stored in the police information system, which are stored by the Federal Ministry of Justice. Public prosecutors are required to carry out their tasks in order to enable automated retrieval, insofar as this form of data transmission takes account of the legitimate interests of the persons concerned because of the large number of transfers or because of their special need for urgent action. (5) The institution an automated retrieval procedure is for other authorities in accordance with § 10 (2) and (3) of the German Federal Data Protection Act (Bundesdatenschutzgesetz) in order to carry out full-policy tasks with the consent of the Federal Ministry of the Interior and the Interior Ministries and Senate administrations of the Länder shall be permitted to the extent that this form of data transmission is appropriate, taking into account the legitimate interests of the persons concerned, on account of the large number of transfers or because of their particular need for an urgent nature. (6) The Federal Criminal Police Office shall have access for the purpose of Data protection control the time, the information enabling the determination of the called data records, as well as the service responsible for the access to log. The evaluation of the data is to be guaranteed according to the state of the art. The data logged may only be used for the purposes of data protection control, data protection or for ensuring the proper operation of the data processing system, unless there is evidence to suggest that without their use would be indiscriminately or significantly more difficult to prevent or prosecuve a serious offence against the body, life or freedom of a person. The log data is to be deleted after twelve months. The Federal Criminal Police Office (Bundeskriminalamt) meets the technical and organizational measures in accordance with § 9 of the German Federal Data Protection Act. Unofficial table of contents

§ 12 Responsibility for data protection in the police information system

(1) The Federal Criminal Police Office (Bundeskriminalamt) has, as the central office for the electronic data network, to monitor compliance with the rules for cooperation and for the management of the police information system. (2) Within the framework of the police information system the responsibility for data protection is the responsibility of the data stored at the Central Office, in particular for the legality of the survey, the admissibility of the input and the accuracy or timeliness of the data, the bodies which the data directly enter. The responsible body must be fixed. The recipient bears the responsibility for the admissibility of the call in the automated procedure. (3) The data protection control is the responsibility of the Federal Commissioner for Data Protection in accordance with § 24 (1) of the Federal Data Protection Act. The data records entered by the countries in the police information system can 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 referred to in paragraph 2 are responsible. The Federal Commissioner for Data Protection shall cooperate with the State Commissioner for Data Protection to this extent. (4) The Federal Criminal Police Office shall be liable for claims for damages of the data subject in accordance with § 8 of the German Federal Data Protection Act. If the Federal Criminal Police Office is obliged to compensate for the damage and if the damage to the data protection legal responsibility is to be attributed to another body, the Federal Criminal Police Office is obliged to compensate the Federal Criminal Police Office. (5) The person concerned is subject to § 19 of the German Federal Criminal Police Office. Federal Data Protection Act (Bundesdatenschutzgesetz). The Bundeskriminalamt (Federal Criminal Police Office) shall, in agreement with the body which bears the responsibility for data protection in accordance with paragraph 2, issue the Federal Criminal Office If a state criminal office provides information from its own country system, it can hereby link an indication of a data set entered by the country in the police information system. Unofficial table of contents

Section 13 Information of the Central Office

(1) The Landeskriminalämter (Landeskriminalämter) shall transmit to the Federal Office of Criminal Investigation, in accordance with the provisions of Section 7 (6), the information required for the performance of his duties as the central office. In consultation with the Federal Criminal Police Office, the obligation of the Landeskriminalämter (Landeskriminalämter nach sentence 1) can also be fulfilled by other police authorities in the country. The judicial and administrative authorities of the Länder shall immediately inform the competent national criminal office of the beginning, the interruption and the termination of deprivation of liberty which are due to the suspicion or proof of an unlawful act. (2) The Federal Criminal Police Office (Bundeskriminalamt), in consultation with the Landeskriminalämtern, lays down details of the transfer of information. (3) Paragraph 1, first sentence, shall apply mutagenly to the police officers of the Federal Republic of Germany, to the extent that the Information relating to transactions which they deal with under their own responsibility. In the area of customs administration, the first sentence shall apply only to the border customs service, provided that the border customs service is responsible for border police tasks pursuant to Section 68 of the Federal Police Act. In addition, the information transfer of the customs authorities to the Federal Criminal Police Office shall be governed by the provisions of the Tax Code, the Customs Administration Act and the Customs Code Service Act. (4) For the purposes of its tasks in accordance with § § 3 (5) The authorities and other public authorities may submit personal data to the Federal Criminal Police Office (Bundeskriminalamt) from the office of the Federal Criminal Police Office (Bundeskriminalamt), if there are actual indications that the transmission is for the Fulfilment of the tasks of the Federal Criminal Police Office as a central office is required. If the transmission is carried out at the request of the Federal Criminal Police Office, it bears responsibility. (6) The responsibility for the admissibility of the transmission shall be borne by the transmitting body.

Subsection 2
International cooperation

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Section 14 Powers of cooperation in the international field

(1) The Federal Criminal Police Office may be responsible for police and judicial authorities as well as other public authorities of other States responsible for the prevention or prosecution of criminal offences, as well as between national and national authorities responsible for the prevention or prosecution of criminal offences. or prosecution of criminal offences, shall transmit personal data to the extent that this is necessary
1.
for the performance of a task assigned to it,
2.
for the prosecution of criminal offences and for the enforcement of criminal penalties in accordance with the provisions on international legal assistance in criminal matters or the provisions on cooperation with the International Criminal Court, or
3.
to avert a significant risk to public security in the individual case.
The same applies if there is evidence that criminal offences are to be committed of considerable importance. (2) With the consent of the Federal Ministry of the Interior, the Federal Criminal Police Office may not store personal data which is the search for (subject matter), for central police authorities of other States in accordance with inter-governmental agreements for retrieval in automated procedures to ensure stolen, undersleeped or otherwise lost (3) For data relating to the purposes of the search for persons or in the case of police observation, is the establishment of an automated retrieval procedure pursuant to paragraph 2 with the consent of the Federal Ministry of the Interior in consultation with the interior ministries and the senate administrations of the Länder shall be admissible if
1.
-there is real evidence that calls for the prevention and prosecution of criminal offences are of paramount importance and are necessary to avert threats to public security,
2.
this form of data transmission is appropriate, taking into account the legitimate interests of the persons concerned, on account of the large number of transfers or because of their particular need for urgent action, and
3.
the recipient State has ratified the Council of Europe Convention on the Protection of Individuals with regard to Automatic Processing of Personal Data of 28 January 1981, or guarantees equivalent protection and a supervisory body , which monitors the guarantee of data protection independently.
If the retrieval procedure is set up for a longer period of time than three months, the agreement of the co-legislators ' participation in accordance with Article 59 (2) of the Basic Law is required. The recipient must be informed that he may use the data for tenders in his own search files only if a request for legal assistance is available. (4) The regular transmission, as part of a systematic cooperation, Personal data on international data sets shall be permitted in accordance with the provisions of legal acts of the European Union and international treaties which involve the participation of the legislative bodies in accordance with Article 59 (2) of the Basic Law (5) The Federal Criminal Police Office (Bundeskriminalamt) may be the National Central Office of the Federal Republic of Germany for the International Criminal Police Organization shall transmit personal data to the General Secretariat of the Organization under the conditions set out in paragraph 1, to the extent that this is necessary for the further transmission of the data other National Central Bureau offices or the bodies referred to in paragraph 1, or is required for the purpose of collecting and evaluating information by the General Secretariat. (6) The Federal Criminal Police Office may provide personal data to services of the stationing forces within the framework of Article 3 of the Additional agreement to the Agreement between the parties to the North Atlantic Treaty on the legal status of their troops with regard to the foreign forces stationed in the Federal Republic of Germany of 3 August 1959 (BGBl. (7) The Bundeskriminalamt (Federal Criminal Police Office) is responsible for the admissibility of the transmission. Section 10 (4), second sentence, shall apply accordingly. The Federal Criminal Police Office shall record the transmission and its cause. The recipient of personal data shall be informed that they may only be used for the purpose to which they have been transmitted. In addition, he is to be informed of the date of deletion provided for by the Federal Criminal Police Office. The transfer of personal data is not necessary, insofar as there is reason to believe that it would be in breach of the purpose of a German law. In addition, the transmission shall not, in the event that the particular public interest in the transmission of data is taken into account, exceed the protection-worthy interests of the data subject in the case of the exclusion of the transmission. The legitimate interests of the data subject also include the existence of a reasonable level of data protection in the recipient country. The legitimate interests of the data subject can also be safeguarded by ensuring that the recipient State or the receiving national or national body ensures adequate protection of the data transmitted on a case-by-case basis. Unofficial table of contents

Section 14a Transfer of personal data to Member States of the European Union

(1) In response to a request from a police authority or any other public body of a Member State of the European Union responsible for the prevention and prosecution of criminal offences, the Federal Criminal Police Office may provide personal data for the purpose of: the prevention of criminal offences. For the transmission of these data, the rules on data transmission in the national sector shall apply accordingly. The Federal Criminal Police Office shall be responsible for the admissibility of data transmission. (2) The transfer of personal data referred to in paragraph 1 shall be admissible only if the request contains at least the following information:
1.
the name and address of the applicant authority,
2.
the name of the offence for which the data are required to be contravened;
3.
the description of the facts on which the request is based,
4.
the designation of the purpose for which the data will be requested,
5.
the relationship between the purpose for which the information or findings are requested and the person to whom this information relates,
6.
details of the identity of the person concerned, provided that the request relates to a known person; and
7.
Reasons for the assumption that relevant information and findings are available in Germany.
(3) The Federal Criminal Police Office may also transmit personal data to a police authority or other public authority of a Member State of the European Union responsible for the prevention and prosecution of criminal offences without a request, if: in individual cases, the risk of committing an offence within the meaning of Article 2 (2) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 201, 31.7.2002, p. 1), which was last amended by Framework Decision 2009 /299/JHA (OJ L 327, 18.12.2009, p. 24), and there is concrete evidence that the transmission of such personal data could contribute to preventing such a crime. For the transmission of these data, the rules on the data transfer in the national area shall apply. (4) The admissibility of the transfer of personal data by the Federal Criminal Police Office to a police authority or a other public bodies of a Member State of the European Union responsible for the prevention and prosecution of criminal offences, on the basis of § 14 or special agreements under international law shall remain unaffected. (5) As a police authority or other public authorities responsible for the prevention and prosecution of criminal offences The body of a Member State of the European Union within the meaning of paragraphs 1 and 3 shall apply to any body designated by that State in accordance with Article 2 (a) of the Council Framework Decision 2006 /960/JHA of 18 December 2006 on the simplification of the exchange of information of information and intelligence between the law enforcement authorities of the Member States of the European Union (OJ L 136, 31.7.2006 26). (6) Paragraphs 1 to 5 shall also apply to the transmission of personal data to police authorities or other persons responsible for the prevention and prosecution of criminal offences. competent public authorities of a Schengen-Associated State within the meaning of Article 91 (3) of the Law on International Mutual Assistance in Criminal Matters. Unofficial table of contents

Section 15 Tendering powers in international cooperation

(1) The Federal Criminal Police Office may request a request from a competent authority of a foreign State or an international criminal court, acting on behalf of the competent authority of a foreign State or an international criminal court, for the prosecution of criminal offences or for the execution of criminal penalties. The Federal Republic of Germany has been established
1.
a person in respect of whom the order of extradition or confession appears to be admissible for the purpose of arrest or residence,
2.
write out other persons for the purpose of determining their residence,
3.
to write out a person or a matter of police observation, and
4.
Perform procedures to identify the identity of persons.
(2) Measures under paragraphs 1 (2), (3) and (4) shall be admissible only if, in the case of the underlying facts, they are also admissible under German law. (3) The Federal Criminal Police Office shall seek in the cases referred to in paragraph 1, which shall be of particular importance in political matters, (4) The Federal Criminal Police Office (Bundeskriminalamt) may, at the request of the authorities referred to in Article 14 (1) of this Regulation, be able to:
1.
the missing persons who have been deprived of or deprived of the custody of the custody of the custody of the custody, and persons in whom an detention is necessary to protect against a danger to their bodies or their lives, in particular because: the person is identifiable in a state of free will, or otherwise in a helpless situation, to enroll in custody;
2.
In so far as they are not to be taken into custody, they shall prescribe for the purpose of the residence of the person,
3.
to issue a person for police observation where facts justify the assumption that the person is committed to offences of considerable importance and that this is necessary for the prevention of such offences.
(5) invitations to tender pursuant to paragraph 1 (2) and (3) and (4) (3) shall be subject to the order of the judge in so far as they are carried out on the basis of the request of a State which is not the Member State of the European Union. The district court, in whose district the Federal Criminal Police Office is located, is responsible. For the procedure in the cases of the first sentence, the provisions of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction shall apply mutatily. In so far as measures pursuant to paragraph 1 (3) and (4) do not require a judicial order, they shall be arranged by the head of the respective responsible department of the Federal Criminal Police Office. The arrangement must be informed. (6) The arrangements referred to in paragraph 1 (3) and (4) (3) shall be limited to a maximum of one year. At the latest after six months has elapsed, it must be checked whether the conditions for the order still exist. The result of this examination is to be informed. The extension of the term beyond a total of one year requires rearrangement. (7) Special provisions on the basis of legal acts of the European Union and international legal treaties remain unaffected. (8) The Federal Criminal Police Office may at Alerts issued by the security authorities of other States to a person for detention, if and as long as the detention is indispensable, in order to imminent danger for life, freedom or substantial assets , and the competence of a country cannot be established . The provisions of the third sentence of paragraph 5 to 5 and paragraph 6 shall apply accordingly. The interior ministries and the senate administrations of the countries must be informed immediately. Unofficial table of contents

§ 15a Night-time notification of invitations to tender for covert control in the Schengen Information System

(1) An invitation to tender for the covert control referred to in Article 36 (1) of Council Decision 2007 /533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II) is a body of the Federal Republic of Germany has been entered into the Schengen Information System, the Federal Criminal Police Office, in agreement with the body which has initiated the invitation to tender, shall have the person concerned after the end of the invitation to tender; to notify this invitation to tender, unless the notification has been received The reason for other specific legal provisions is provided for. The notification shall not be notified as long as this would endanger the implementation of a legitimate task in connection with the call for tenders. The body responsible for the invitation to tender shall inform the Federal Criminal Police Office of the deletion and of whether the person concerned can be notified. If the notification provided for in the second sentence does not take place within twelve months of the end of the invitation to tender, further deferrals shall, at the request of the body which has initiated the invitation to tender, be subject to judicial consent. The Court of First Instance determines the duration of further deferments. Five years after the end of the call for tenders, it may agree to the final check on the notification if the conditions for a notification with certainty are not likely to occur in the future as well. The jurisdiction of the court shall be determined in accordance with the federal or national law applicable to the body which has initiated the invitation to tender. If no provision is made in this respect, the District Court is responsible, in the district of which the body which has initiated the invitation to tender has its seat. In this case, the provisions of the law on matters of voluntary jurisdiction shall apply in accordance with the procedure. (2) In the case of a call for tenders pursuant to Section 17 (3) of the Federal Constitutional Protection Act, the By way of derogation from paragraph 1, by the body which has initiated the invitation to tender, after the end of the invitation to tender, as soon as a risk to the purpose of the invitation to tender may be excluded. (3) In the case of invitations to tender, The Federal Criminal Police Office (Bundeskriminalamt) has the information provided by the Federal Criminal Police Office in accordance with 58 (3) and (4) of Council Decision 2007 /533/JHA are not to be granted retrospectily if the circumstances in which the information is to be provided are no longer available. It shall, in cooperation with the body which has initiated the invitation to tender, examine it at the latest at the scheduled date of deletion in the national part of the Schengen Information System.

Subsection 3
Prosecution and data storage for the purposes of future criminal proceedings

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§ 16 Use of technical means for self-assurance

(1) Persons commissioned by the Federal Criminal Police Office shall act within the scope of the powers of the Federal Criminal Police Office on grounds of law enforcement, insofar as this is indispensable for the prevention of risks to their body, life or freedom, without the knowledge of the In the presence or in a direct temporal relationship with the use of the person commissioned by the Federal Criminal Police Office, the person who is not publicly spoken within or outside an apartment shall be heard by technical means and (1a) is the subject of the In the core area of private life, the measure is to be interrupted within an apartment as soon as it is possible without endangering the person responsible. Records relating to operations relating to the core area of private life shall be deleted immediately. Knowledge of such operations may not be used. The fact of collecting the data and its deletion is to be made aware of the facts. This data may be used solely for the purposes of data protection control. They shall be deleted if they are no longer required for these purposes, but at the latest at the end of the calendar year following the year of documentation. (2) The measures referred to in paragraph 1 shall be determined by the President of the Federal Criminal Police Office or his Representatives arranged. In the event of danger in default, measures pursuant to paragraph 1 may also be ordered by the head of a department of the Federal Criminal Police Office or its representatives. (3) Personal information provided by the use of technical means of self-assurance , except for the purpose referred to in paragraph 1, may only be used for the purpose of security (Article 13 (5) of the Basic Law). Where the personal information has been obtained in or out of an apartment, the use for the purposes referred to in the first sentence shall be admissible only after the court has established the legality of the measure, in the district of which the Federal Criminal Police Office has its registered office; if there is a risk of delay, the judicial decision shall be taken up without delay. The admissibility of the use of this information for the purpose of prosecution is governed by the Code of Criminal Procedure. (4) After completion of the measures, the records produced in accordance with paragraph 1 shall be deleted without delay, unless it is shall be required for the purposes set out in paragraph 3. (5) The measures taken in accordance with paragraph 1 shall notify the parties as soon as this is not endangering the purpose of the investigation, public security, limb or life of a person concerned. Person as well as the possibility of further use of one of the Federal Criminal Police Office commissioned person. Unofficial table of contents

Section 17 Assistance to the police authorities of the countries in the field of criminal prosecution

(1) In order to support law enforcement measures, the Federal Criminal Police Office may send staff members to the police authorities in the countries if the competent national authority requests or if this can be useful to the investigation. The responsibility of the police authorities in the countries remains unaffected. (2) The supreme state authority shall be notified immediately. Unofficial table of contents

Section 18 Coordination in the field of criminal prosecution

(1) A criminal offence shall be subject to the territory of several countries or shall be linked to another offence in another country and it is appropriate to ensure that the police tasks in the field of law enforcement are carried out in a uniform manner, The Federal Criminal Police Office shall inform the supreme state authorities and the attorneys general, in whose districts a place of jurisdiction is justified. The Federal Criminal Police Office, in agreement with an attorney general and a supreme state authority of a country, shall assign to that country the police duties in the field of law enforcement, with the proviso that these tasks shall be performed as a whole (2) The Landeskriminalamt shall be responsible for carrying out the tasks assigned to a country in accordance with paragraph 1. The supreme state authority may, instead of the Landeskriminalamt, declare a different police authority in the country responsible. Unofficial table of contents

Section 19 Official acts, countries ' support obligations

(1) In the cases of Section 4 (1) and (2) and Section 18 (1), law enforcement officers of the Federal Government and of the Länder may make official acts in the scope of this Act. In this respect, they are investigators of the competent public prosecutor's office if they belong to the police enforcement service for at least four years. They shall inform the local police authorities in good time of any investigation into their area of responsibility, unless there are serious grounds for opposing them. The police departments of the Federal Government and the Länder give the Federal Criminal Police Office in cases where it is appropriate for the investigations to be carried out, as far as it is appropriate. Within the framework of his competence, and the officials sent by him pursuant to Section 17 (1), he shall provide information and grant access to the file. The same applies to the police officers of the Länder acting in accordance with Article 18 (1). (3) The local police departments provide officers of the Federal Criminal Police Office or, in the case of an assignment in accordance with Section 18 (1), of another country, the (4) Police enforcement officers of the Federal Criminal Police Office may act within the jurisdiction of a country if the respective country law provides for it. Unofficial table of contents

Section 20 Data retention for the purposes of future criminal proceedings

Under the conditions set out in § 8, the Bundeskriminalamt (Federal Criminal Police Office) may store, modify and use personal data which it has acquired in the performance of its tasks in the field of law enforcement for the purpose of future criminal proceedings.

Subsection 3a
Defence of the dangers of international terrorism

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Section 20a General powers

(1) The Bundeskriminalamt (Federal Criminal Police Office) may take the necessary measures in order to fulfil its task pursuant to Section 4a (1) sentence 1 in order to ward off a danger, unless this law particularly regulates the powers of the Federal Criminal Police Office. § § 15 to 20 of the Federal Police Act apply accordingly. (2) The danger in the sense of this sub-section is a risk for public security in connection with criminal offences in accordance with § 4a (1) sentence 2. Unofficial table of contents

§ 20b Collection of personal data

(1) The Federal Criminal Police Office may, unless otherwise specified in this subsection, collect personal data to the extent that this is necessary for the performance of the task assigned to it pursuant to § 4a (1). (2) For the prevention of criminal offences in accordance with § 4a (1), second sentence, a collection of personal data shall be permitted only if the facts justify the assumption that:
1.
the person intends to commit an offence in accordance with Section 4a (1) sentence 2 and the data collected are necessary to prevent this crime, or
2.
the person with a person referred to in paragraph 1 is not only fleeting or in random contact, and
a)
is aware of the preparation of a criminal offence in accordance with Section 4a (1) sentence 2,
b)
from the exploitation of the deed, or
c)
the person referred to in point 1 could be served for the purpose of committing the offence (contact person and accompanying person), and the prevention of such offences would be indiscriminately or significantly impeded in any other way.
(3) In so far as this is necessary for the investigation of the facts or the determination of the place of residence of a person under the conditions laid down in paragraphs 1 and 2, he or she shall be entitled to receive or participate in the provision of business telecommunications services, Information on the data collected in accordance with § § 95 and 111 of the Telecommunications Act is required (Section 113 (1) sentence 1 of the Telecommunications Act). Where the request for information in accordance with the first sentence relates to data by means of which access to terminal equipment or to storage facilities which are used in these terminals or in a spatially separate way is protected (Section 113 (1) sentence 2 of the (4) The information referred to in paragraph 3 may also be provided on the basis of a date allocated at a specific time. Internet protocol address required (Section 113 (1) sentence 3 of the Telecommunications Act). (5) Requests for information pursuant to the second sentence of paragraph 3 may only be ordered by the court at the request of the President of the Federal Criminal Police Office or his representative. In the event of danger in default, the order may be made by the President of the Federal Criminal Police Office or his representative. In such a case, the judicial decision shall be taken immediately. Sentences 1 to 3 shall not apply if the person concerned is already aware of or has to be informed of the request for information, or if the use of the data is already permitted by a court decision. The existence of the conditions laid down in the fourth sentence shall be declared to be accurate. (6) In the cases referred to in the second sentence of paragraph 3 and in paragraph 4, the person concerned shall be notified of the information provided. The notification shall be made as far as and as soon as hereby the purpose of the information is not foiled. It shall not be held unless the overriding legitimate interests of third parties or of the person concerned are contrary to the protection of the person concerned. If the notification is returned in accordance with the second sentence, or if the notification is not carried out in accordance with the third sentence, the reasons are to be informed. (7) The person who is responsible for telecommunications services shall have the right to obtain information pursuant to paragraph 3 or 4. , or shall be involved in providing the data necessary for the exchange of information without delay. § 23 of the Justice and Compensation Act is to be applied accordingly for the compensation of the service providers. (8) § 21 (3) and (4) of the Federal Police Act applies accordingly. Unofficial table of contents

§ 20c Survey and obligation to provide information

(1) The Federal Criminal Police Office may question a person if facts justify the assumption that the person can provide relevant information for the performance of the task assigned to the Federal Criminal Police Office in accordance with Section 4a (1) sentence 1. For the purpose of questioning, the person may be stopped. Upon request, the person must hand out identity documents for the examination. (2) The person interviewed is obliged to provide the name, first name, date and place of birth, residence address and nationality, to the extent that this is to the satisfaction of the person concerned. Federal Criminal Police Office pursuant to Section 4a (1) sentence 1 of the above-mentioned task is required. In accordance with § § 17 and 18 of the Federal Police Act, a further obligation to provide information exists only in accordance with the conditions laid down in Section 20 (1) of the Federal Police Act for the persons designated there as well as for the persons responsible for the (3) Under the conditions set out in § § 52 to 55 of the Code of Criminal Procedure, the person concerned shall be refused the right to refuse the application of the Information entitled. This shall not apply in so far as the information is required to avert a danger to the stock or to the security of the State or body, life or freedom of a person. A person referred to in Section 53 (1), first sentence, no. 1, 2 or 4 of the Code of Criminal Procedure shall also be entitled to refuse the information in the cases of sentence 2. The person concerned shall be informed of their right to refuse to provide information. Information obtained in accordance with the second sentence may only be used for the purpose specified therein. (4) § 136a of the Code of Criminal Procedure shall apply accordingly. § 12 of the Administrative Enforcement Act shall not apply. Unofficial table of contents

§ 20d Identity determination and verification of authorization certificates

(1) If facts justify the assumption that a criminal offence is to be committed in accordance with Section 4a (1) sentence 2, the Federal Criminal Police Office may establish the identity of a person in accordance with Section 23 (3) sentences 1, 2, 4 and 5 of the Federal Police Act,
1.
in order to ward off a danger
2.
if it stays in one place, in relation to the facts, justify the assumption that:
a)
are to be administered, prepared or committed in accordance with Section 4a (1) sentence 2 of this Directive, or
b)
where they meet without the required residence permit, or
3.
if they are in a transport or supply facility or facility, a public transport system, an office building or another particularly vulnerable object, or in the immediate vicinity thereof, and justify the adoption of facts, the offences referred to in Section 4a (1) sentence 2 are to be committed there, by which persons or persons present in or on such objects are themselves directly at risk and the identification of the identity on the basis of the person There is a need for guidance.
(2) The Federal Criminal Police Office may, in so far as it is necessary for the performance of the task assigned to it in accordance with Section 4a (1) sentence 1, require authorization certificates, certificates, certificates or other documents to be handed out for examination if the Affected by legislation is obliged to bring these documents with them. Unofficial table of contents

§ 20e Recognition service measures

(1) If an impersonation of identity permitted under § 20d (1) is not possible in any other way, or is only possible under considerable difficulties, the Federal Criminal Police Office may take measures pursuant to Section 24 (3) of the Federal Police Act (Bundespolice Act). (2) If the identity is established, the documents incurred in connection with the determination shall be destroyed, unless their further storage is permitted under other legislation. If the documents have been sent to other bodies, they shall be informed of the destruction that has taken place. Unofficial table of contents

§ 20f subpoena

(1) The Federal Criminal Police Office may pre-load a person in writing or orally if:
1.
Justifies the assumption that the person can provide relevant information necessary for the performance of the task assigned to the Federal Criminal Police Office pursuant to § 4a (1) sentence 1, or
2.
this is necessary for the implementation of recognition service measures.
(2) § 25 (2) to (4) of the Federal Police Act shall apply accordingly. Unofficial table of contents

§ 20g Special funding for data collection

(1) The Federal Criminal Police Office may collect personal data with the special funds referred to in paragraph 2 above
1.
the person responsible in accordance with § 17 or § 18 of the Federal Police Act or in accordance with the requirements of Section 20 (1) of the Federal Police Act concerning the person designated there to avert a danger to the stock or to the security of the the State or for the body, life or freedom of a person or property of significant value, the preservation of which is in the public interest;
2.
the person who, in the case of the facts, justifies the assumption that he or she will commit criminal offences in accordance with Section 4a (1) sentence 2; or
3.
a contact person or an accompanying person,
if the defection of the risk or the prevention of the offences is, in other ways, hopeless or would be much more difficult. The measure may also be carried out if third parties are unavoidably affected. (2) Special means of data collection are:
1.
the scheduled observation of a person who is scheduled to last for more than 24 hours or more than two days (longer term observation),
2.
the use of technical means outside of housing in a manner not discernible to the person concerned;
a)
for the production of image recordings or recordings of persons or objects located outside of housing, or
b)
for interception or recording of the non-publicly spoken word outside of flats,
3.
other technical means intended for observance of the facts or for the purpose of determining the location of a person referred to in paragraph 1,
4.
the use of private persons, whose cooperation with the Federal Criminal Police Office is not known to third parties (confidansesperson), and
5.
the use of a law enforcement officer under a legend that has been left to him and which has been permanently applied (covert investigator).
(3) Measures referred to in paragraph 2 (5) which are directed against a particular person or where the covert investigator enters an apartment which is not generally accessible may only be made at the request of the competent department or its representation. be ordered by the court. In the event of danger in the case of danger, the arrangement of a measure in accordance with the first sentence may be taken by the department of the department according to the first sentence or its representation. In such a case, the judicial decision shall be taken immediately. In so far as the order provided for in the second sentence is not confirmed by the court within three days, it shall not enter into force. The other measures referred to in paragraph 2 (1) to (5) may, except in the case of danger, be ordered only by the management of the department referred to in the first sentence or the representation thereof. The order shall be informed, stating the relevant reasons, and shall be limited to a maximum of one month; in the case referred to in paragraph 2 (4) and (5), the measure shall be limited to a maximum of two months. The extension of the measure requires a new arrangement. In the cases referred to in paragraph 2 (1), (2) (b), (4) and (5), the decision on the extension of the measure may be taken only by the court. The sentences 4 and 5 shall apply accordingly. (4) A covert investigator may under the legend
1.
participate in the exercise of its mandate in the course of legal transactions
2.
with the consent of the person entitled to enter his/her apartment; the consent must not be brought about by a prefect of an access right beyond the use of the legend.
To the extent that it is essential for the establishment and maintenance of the legend of a covert investigator referred to in paragraph 2 (5), appropriate documents may be produced, modified or used. Moreover, the powers of a covert investigator shall be governed by this sub-section. § 16 shall apply mutatily for the use of technical means for self-assurance within apartments. Unofficial table of contents

§ 20h Special provisions concerning the use of technical means in or out of apartments

(1) The Federal Criminal Police Office may, in order to prevent an urgent danger to the stock or security of the State or to the body, life or liberty of a person or property of significant value, whose preservation is offered in the public interest, by the concealed use of technical means in or out of housing
1.
listen to and record a person's non-publicly spoken word,
a)
which is responsible in accordance with § 17 or § 18 of the Federal Police Act,
b)
in the case of concrete preparatory actions, or in conjunction with other specific facts, justify the reasonable assumption that it will commit offences in accordance with Section 4a (1) sentence 2; or
c)
which is a contact person and a person accompanying a person referred to in point (a) or (b), and
2.
to produce light images and image recordings about this person,
(2) The measure may be directed only against the person referred to in paragraph 1 and shall be carried out only in the home of the person. In the housing of other persons, the measure shall be admissible only if it is to be assumed, on the basis of certain facts, that:
1.
a person referred to in paragraph 1 (1) (a) or (b) shall be held there; and
2.
the measure in the home of that person alone will not lead to the defence of the danger referred to in paragraph 1.
The measure may also be carried out when other persons are inevitably affected. (3) Measures referred to in paragraph 1 may only be ordered by the court at the request of the President of the Federal Criminal Police Office or his representative. In the event of danger in the case of danger, the order may also be made by the President of the Federal Criminal Police Office or his representative. In such a case, the judicial decision shall be taken immediately. In so far as the order of the President of the Federal Criminal Police Office or his representative is not confirmed by the court within three days, it shall not enter into force. (4) The order shall be written in writing. It shall indicate:
1.
the name and address of the person against which the measure is directed, as far as possible,
2.
the apartment to be monitored or the living rooms to be monitored;
3.
the nature, scope and duration of the measure; and
4.
the main reasons.
The arrangement shall be limited to a maximum of one month. An extension of no more than one month shall be allowed in so far as the conditions referred to in paragraphs 1 and 5 continue, taking into account the lessons learned. If the conditions of the order are no longer available, the measures taken pursuant to the order shall be terminated immediately. (5) The measure referred to in paragraph 1 may only be arranged and carried out, insofar as it is based on actual fact. Evidence, particularly on the nature of the premises to be monitored and the relationship between the persons to be monitored, is to be assumed by the monitoring of statements to be attributed to the core area of private life; shall not be covered. The interception and monitoring referred to in the first sentence shall be interrupted immediately, as long as there is evidence during the monitoring of the fact that content attributable to the core area of private life is recorded. If doubt exists, only an automatic recording may be continued. Automatic records in accordance with the third sentence shall be submitted without delay to the court in order to decide whether the data are to be used or deleted. If the interception and observation in accordance with the second sentence have been interrupted, it may be continued under the conditions set out in the first sentence. Findings from the core area of private life, which have been obtained by a measure referred to in paragraph 1, must not be used. Any record of such information shall be deleted immediately. The facts of the collection of the data and the deletion must be documented. The documentation may only be used for the purposes of data protection control. It shall be deleted if it is no longer necessary for these purposes, but at the latest at the end of the calendar year following the year of documentation. Unofficial table of contents

§ 20i Call for tender for police observation

(1) The Federal Criminal Police Office may store personal data, in particular the personal data of a person and the official registration number of a motor vehicle used or used by it, in a file for police observation, in order that others Federal and State police authorities provide information on the place and time of arrival of the person, any accompanying person, of the motor vehicle and of the driver of the motor vehicle, and of the facts and circumstances of the meeting on occasion of a review report, for example, on the occasion of the call for police observation. (2) The call for tenders for police observation shall be admissible only if:
1.
expect the person's overall performance and the offences committed to date to be committed in the future to commit offences in accordance with Section 4a (1) sentence 2; or
2.
Facts to justify the assumption that the person is committing offences in accordance with Section 4a (1) sentence 2
and this is necessary for the prevention of criminal offences. (3) The call for tenders for police observation may be ordered only by the responsible department or its representative. The order is to be documented, stating the relevant reasons. (4) The order shall be limited to a maximum of one year. At the latest after six months has elapsed, it must be checked whether the conditions for the order still exist. The result of this examination shall be documented. The extension of the term beyond a total of one year requires the court order. (5) The conditions for the order no longer exist, the purpose of the measure is reached or it can be seen that it cannot be reached. to delete the alert for police observation without delay. Unofficial table of contents

§ 20j Grid fahndung

(1) The Federal Criminal Police Office may require public or non-public authorities to transmit personal data from certain groups of persons from files for the purpose of automated reconciliation with other data holdings, to the extent that: this is necessary in order to avert a risk to the stock or to the security of the State, or to the life or freedom of a person or property of significant value which is offered in the public interest; such danger is , as a rule, even if concrete preparatory actions are taken justify the fact that a criminal offence is to be committed in accordance with Section 4a (1) sentence 2. The transmission according to sentence 1 cannot be requested by the Federal and State Office for the Protection of the Constitution, the Military shielding service and the Federal Intelligence Service. (2) The request for transmission is on the name, address, date and place of the to restrict birth and to other characteristics to be determined in individual cases; it shall not extend to personal data subject to professional or special secrecy. Personal data not covered by requests for transmission may be transmitted if, due to significant technical difficulties or due to an undue time or cost, a restriction to the requested data is not This data may not be used by the Federal Criminal Police Office. (3) If the purpose of the measure is reached or shows that it cannot be reached, the transmitted and additionally incurred in connection with the measure shall be to delete data and destroy the files, unless they are intended to be used for the Subject-related procedures are required. The measure taken is to be documented. This documentation shall be kept separately, shall be protected by technical and organisational measures and shall be destroyed at the end of the calendar year following the date of the deletion of the data or the destruction of the files in accordance with the first sentence. (4) The Action may only be taken at the request of the President of the Federal Criminal Police Office or his representative by the court. Unofficial table of contents

§ 20k Verdeckter Intervention in Information Technology Systems

(1) The Federal Criminal Police Office may, without the knowledge of the person concerned, intervene with technical means in information technology systems used by the person concerned and collect data from them if certain facts justify the assumption that there is a danger is available for
1.
The body, life or freedom of a person or
2.
such goods of the general public, the threat of which affects the foundations or the stock of the State or the foundations of the existence of the people.
A measure referred to in the first sentence is also admissible if it is not yet possible to establish with sufficient probability that damage occurs in the near future without the implementation of the measure, provided that certain facts on a case-by-case basis are certain persons are in danger of being aware of any of the legal goods referred to in the first sentence. The measure may only be carried out if it is necessary for the performance of the tasks in accordance with § 4a and would otherwise be difficult or substantially more difficult. (2) It is technically necessary to ensure that
1.
the information technology system will only make changes that are essential for data collection, and
2.
the changes made at the end of the measure are automatically reversed as far as technically possible.
The agent used is to be protected against unauthorized use according to the state of the art. Data copied shall be protected in accordance with the state of the art against alteration, unauthorised erasure and unauthorised disclosure. (3) For each use of the technical means to be logged
1.
the designation of the technical means and the date of its use;
2.
the information on the identification of the information technology system and the changes made to it not only volatile,
3.
the information enabling the data collected to be established, and
4.
the organization unit that performs the action.
The protocol data may be used only to enable the person concerned or a public authority authorized to do so to verify that the measure referred to in paragraph 1 has been carried out lawfully. They shall be kept up to the end of the calendar year following the storage and shall then be deleted automatically, unless they are still necessary for the purpose specified in sentence 2. (4) The measure may only be against one person , which is responsible in accordance with § 17 or § 18 of the Federal Police Act. The measure may also be carried out when other persons are inevitably affected. (5) The measure referred to in paragraph 1 may only be ordered by the court at the request of the President of the Federal Criminal Police Office or his representative. (6) The Arrangement shall be issued in writing. It shall indicate:
1.
the person against which the measure is directed, as far as possible, with the name and address,
2.
a designation as precise as possible of the information technology system to be used for data collection,
3.
the nature, scope and duration of the measure, under the designation of the end-time point, and
4.
the main reasons.
The order shall be limited to a maximum of three months. An extension of no more than three additional months shall be allowed in so far as the requirements for the arrangement continue, taking into account the lessons learned. If the conditions of the order no longer exist, the measures taken on the basis of the order are to be terminated immediately. (7) Actual indications for the assumption that the measure alone will provide evidence from the The measure is inadmissible if the core area of private life is to be achieved. As far as possible, it is technically necessary to ensure that data relating to the core area of private life is not collected. Data collected shall be reported immediately by the Data Protection Officer of the Federal Criminal Police Office and two other staff members of the Federal Criminal Police Office, one of whom has the competence to judge, under the guidance of the requesting court pursuant to paragraph 5 of this Article. to be able to look at core content-related content. In the exercise of this activity, the Data Protection Officer is free of instructions and must not be discriminated against (Section 4f (3) of the German Federal Data Protection Act). Data relating to the core area of private life shall not be used and shall be deleted immediately. The facts of the collection of the data and the deletion must be documented. The documentation may only be used for the purposes of data protection control. It shall be deleted if it is no longer necessary for these purposes, but at the latest at the end of the calendar year following the year of documentation. Unofficial table of contents

§ 20l Monitoring of telecommunications

(1) The Federal Criminal Police Office (Bundeskriminalamt) can monitor and record the telecommunications of a person without the knowledge of the person concerned,
1.
which is responsible in accordance with § 17 or § 18 of the Federal Police Act, and this to prevent an urgent danger to the stock or security of the State or to the body, life or freedom of a person or property of significant value, whose preservation is in the public interest,
2.
where certain facts justify the assumption that they are preparing criminal offences in accordance with Section 4a (1) sentence 2,
3.
where certain facts justify the assumption that, for a person referred to in paragraph 1, he or she receives or continues to receive communications intended or originating from that person, or
4.
where certain facts justify the assumption that a person referred to in paragraph 1 is to use the telecommunications terminal or terminal equipment;
and the defence of the risk or prevention of the offences would be unintentionally or significantly impeded in any other way. The measure may also be carried out when other persons are inevitably affected. (2) The monitoring and recording of telecommunications may be carried out without the knowledge of the person concerned in such a way as to ensure that the technical means in The use of information technology systems affected by the use of such systems is
1.
shall be ensured by means of technical measures to monitor and record exclusively current telecommunications, and
2.
the intervention in the information technology system is necessary in order to enable the monitoring and recording of telecommunications, in particular, in unencrypted form.
§ 20k (2) and (3) shall apply accordingly. § 20k remains unaffected by the rest. (3) Measures pursuant to paragraphs 1 and 2 may only be ordered by the court at the request of the President of the Federal Criminal Police Office or his representative. In the event of danger in the case of danger, the order may be made by the President of the Federal Criminal Police Office or his representative. In such a case, the judicial decision shall be taken immediately. Insofar as this order is not confirmed by the court within three days, it shall not enter into force. (4) The order shall be written in writing. It shall indicate:
1.
the person against which the measure is directed, as far as possible, with the name and address,
2.
the telephone number or other identifier of the terminal or terminal to be monitored, provided that it does not result from certain facts that the terminal is also associated with another terminal;
3.
the nature, scope and duration of the measure, under the designation of the end-time point, and
4.
in the case referred to in paragraph 2, the exact designation of the information technology system to be used for the collection of data.
The order shall be limited to a maximum of three months. An extension of no more than three additional months shall be permitted in so far as the conditions of the order are maintained, taking into account the findings obtained. If the conditions of the order no longer exist, the measures taken on the basis of the order must be terminated immediately. (5) On the basis of the arrangement, anyone who provides or participates in the telecommunication services (service provider), has to enable the Federal Criminal Police Office to take the measures referred to in paragraph 1 and to provide the necessary information without delay. Whether and to what extent arrangements are to be made for this purpose shall be determined in accordance with the Telecommunications Act and the Telecommunications Monitoring Regulation. For the compensation of the service providers, § 23 of the Justice and Compensation Act is to be applied accordingly. (6) Actual evidence for the assumption that a measure pursuant to paragraphs 1 and 2 alone provides evidence from the core area of private life design, the measure is inadmissible. Where, in the context of the measures referred to in paragraphs 1 and 2, direct knowledge is taken, in addition to automatic recording, the measure shall be interrupted immediately, provided that there is real evidence during the surveillance of such information. show that content that is attributable to the core area of private life design is recorded. If doubt exists, only an automatic recording may be continued. Automatic records in accordance with the third sentence shall be submitted without delay to the court in order to decide whether the data are to be used or deleted. If the measure has been suspended in accordance with the second sentence, it may be continued in the event that it is not inadmissible in accordance with the first sentence. Findings from the core area of private life, obtained by means of a measure referred to in paragraphs 1 and 2, may not be used. Any record of such information shall be deleted immediately. The facts of the collection of the data and the deletion must be documented. The documentation may only be used for the purposes of data protection control. It shall be deleted if it is no longer necessary for these purposes, but at the latest at the end of the calendar year following the year of documentation. Unofficial table of contents

§ 20m Collection of telecommunications traffic data and usage data

(1) The Federal Criminal Police Office (Bundeskriminalamt) can collect traffic data without the knowledge of the data subject (§ 96 (1) and § 113a of the Telecommunications Act).
1.
the person responsible in accordance with § 17 or § 18 of the Federal Police Act for the prevention of an urgent danger to the state or to the security of the State or to the life or freedom of a person or property of significant value, the preservation of which is in the public interest,
2.
the person in which certain facts justify the assumption that they are preparing offences in accordance with Section 4a (1) sentence 2,
3.
the person in which certain facts justify the assumption that he or she receives or continues to receive, for a person referred to in paragraph 1, certain communications originating from or originating from the person referred to in point 1; or
4.
the person in which certain facts justify the assumption that a person referred to in paragraph 1 will use their telecommunications terminal or terminal equipment,
(2) Under the conditions set out in paragraph 1, the Federal Criminal Police Office may be responsible for the activities of the Federal Criminal Police Office (Bundeskriminalamt) by those who have their own or other Telemedia. (2) For use or access to use, request information about usage data (§ 15 para. 1 of the German Telemedia Act). The information can also be arranged about future usage data. The data shall be transmitted immediately and on the path determined by the Federal Criminal Police Office by the service provider. (3) § 20l (3) to (5) shall apply mutatis. with the proviso that the President of the Federal Criminal Police Office (Bundeskriminalamt) or his/her office shall be replaced by the Federal Criminal Police Office. Representative shall be the competent department or representative of the department. By way of derogation from Article 20l (4) (2), it is sufficient for the telecommunications to be designated in a spatially and temporally adequate manner, provided that otherwise the achievement of the purpose of the measure would be hopeless or substantially more difficult. Unofficial table of contents

§ 20n Identification and localization of mobile phone cards and terminal equipment

(1) The Federal Criminal Police Office may, under the conditions laid down in section 20l (1), by technical means
1.
the device number of a mobile telephone terminal and the card number of the card used therein, and
2.
the location of a mobile terminal
(2) Personal data of third parties may only be collected on the occasion of a measure referred to in paragraph 1 where this is unavoidable for technical reasons in order to achieve the purpose referred to in paragraph 1. They may not be used for the purposes of data reconciliation for the purpose of determining the requested device and card number and shall be deleted immediately after completion of the measure. (3) § 20l (3) and (4) sentences 1 and 5 shall apply accordingly. The order shall be limited to a maximum of six months. An extension of no more than six months shall be allowed in so far as the conditions laid down in paragraph 1 are maintained. (4) In the light of the arrangement of a measure referred to in paragraph 1 (2), anyone providing telecommunications services shall have the right to: to inform the Federal Criminal Police Office of the device and card number required for the determination of the location of the mobile telephone terminal without delay. Unofficial table of contents

§ 20o Placement

The Bundeskriminalamt (Federal Criminal Police Office) can temporarily point a person from a place or temporarily ban him from entering a place to prevent a danger. Unofficial table of contents

§ 20p custody

(1) The Federal Criminal Police Office may take a person into custody, if this is essential,
1.
to enforce a place instruction in accordance with § 20o, or
2.
in order to prevent the imminent observation or continuation of offences in accordance with Section 4a (1) sentence 2.
(2) § 40 (1) and (2) as well as § § 41 and 42 (1) sentence 1, 3 and (2) of the Federal Police Act shall apply mutatily with the proviso that the measure referred to in paragraph 1 shall enter the place of the deprivation of liberty referred to in that paragraph. Unofficial table of contents

§ 20q search of persons

(1) The Federal Criminal Police Office may search a person if:
1.
it can be held after this sub-section,
2.
Justifies the assumption that it carries with it things which may be guaranteed in accordance with § 20s,
3.
it complies with one of the places referred to in section 20d (1) (2),
4.
they are to be held in one of the places referred to in § 20d (1) (3) and to justify the assumption that offences are to be committed there pursuant to Section 4a (1) sentence 2; or
5.
it is in the immediate vicinity of a person who is at risk from the commission of offences pursuant to Section 4a (1) sentence 2 on the basis of certain facts,
and the search on the basis of the person to be searched is required. § 20d (1) of this Act in conjunction with Section 23 (3) sentence 5 of the Federal Police Act shall remain unaffected. (2) The Federal Criminal Police Office may be a person whose identity is determined under this law or other legislation. Search for weapons, explosions or other dangerous objects, in so far as this is necessary in the circumstances for the protection of the official of the Federal Criminal Police Office, the person himself or a third party against a danger to life or limb (3) § 43 (4) and (5) of the Federal Police Act shall apply accordingly. Unofficial table of contents

§ 20r search of things

(1) The Federal Criminal Police Office may search a thing if:
1.
it is carried by a person who may be searched in accordance with § 20q,
2.
Justifies the assumption that there is another matter in it which may be ensured,
3.
Justify the assumption that there is a person who may be taken into custody,
4.
it complies with one of the places referred to in section 20d (1) (2),
5.
they are to be held in one of the places referred to in § 20d (1) (3) and to justify the assumption that offences are to be committed there pursuant to Section 4a (1) sentence 2; or
6.
it is located in the immediate vicinity of a person who is at risk on the basis of certain facts by the commission of offences in accordance with Section 4a (1) sentence 2
and the search is necessary on the basis of the facts relating to the matter. § 20d (1) of this Act in conjunction with Section 23 (3) sentence 5 of the Federal Police Act shall remain unaffected accordingly. (2) Section 44 (4) of the Federal Police Act shall apply accordingly. Unofficial table of contents

§ 20s Ensure

(1) The Federal Criminal Police Office can ensure one thing,
1.
in order to ward off a present danger, or
2.
if it is carried by a person who is detained after that sub-section, and the object may be used to:
a)
to kill or to hurt themselves,
b)
to harm the life or health of others,
c)
to damage foreign objects, or
d)
to facilitate or facilitate the escape of, among other things, the flight.
(2) § § 48 to 50 of the Federal Police Act shall apply accordingly. Unofficial table of contents

§ 20t Entry and search of apartments

(1) The Federal Criminal Police Office may enter and search an apartment without the consent of the holder, if:
1.
Justify the assumption that there is a person in it who, according to § 20f (2) of this Act, may be referred to in accordance with Section 25 (3) of the Federal Police Act, or be taken into custody pursuant to § 20p,
2.
Justify the assumption that there is a case in it which may be secured pursuant to § 20s (1) (1) (1)), or
3.
this is necessary in order to avert a current threat to the stock or security of the State or to the body, life or freedom of a person, or to matters of significant value, the preservation of which is in the public interest.
The apartment comprises the residential and ancesthouses, working, operating and business premises as well as other satisfactory possessions. (2) During the night period (§ 104 (3) of the Code of Criminal Procedure), entering and searching an apartment is only possible in the cases of (3) In order to fulfil the task assigned to him pursuant to Section 4a (1), the Federal Criminal Police Office may at any time enter dwellings for the prevention of urgent risks if facts justify the assumption that there are persons who experience it. (4) Working, preparing or carrying out the offences in accordance with Section 4a (1) sentence 2. Operating and business premises, as well as other rooms and land which are accessible to the public, may be used for the purpose of security within the framework of the task of the Federal Criminal Police Office pursuant to Section 4a (1) of the Federal Criminal Police Office during the work, business or (5) § 46 of the Federal Police Act shall apply accordingly. Unofficial table of contents

§ 20u Protection of persons entitled to refuse to give evidence

(1) Measures pursuant to this sub-section which are directed against a person referred to in Article 53 (1), first sentence, No. 1, 2 or 4 of the Code of Criminal Procedure and are expected to provide evidence on which that person shall refuse the certificate , shall be inadmissible. Section 20c (3) shall remain unaffected. However, findings obtained must not be used. Any record of such information shall be deleted immediately. The fact of their obtaining and deletion is to be documented. The provisions of sentences 2 to 4 shall apply accordingly where, by means of a measure not directed against a person referred to in Article 53 (1), first sentence, No. 1, 2 or 4 of the Code of Criminal Procedure, findings are obtained from a person referred to in that paragraph, by means of which: (2) Insofar as a measure would affect a person referred to in Article 53 (1), first sentence, No. 3 to 3b or No. 5 of the Code of Criminal Procedure, and as a result would be likely to obtain the findings on which that person is This shall be refused, in the context of the proportionality test, with the assessment of the to take particular account of the public interest in the duties carried out by that person and of the interest in the secrecy of the facts entrusted or disclosed to that person. (3) The provisions of paragraphs 1 and 2 shall apply mutagenly to the extent to which the testimony referred to in § 53a of the Code of Criminal Procedure shall refuse to bear witness to the foregoing. (4) The provisions of paragraphs 1 to 3 shall not apply, provided that the facts justify the assumption that the person who is entitled to refuse the certificate is responsible for the danger. Unofficial table of contents

§ 20v Jurisdiction, marking, use and deletion

(1) The following provisions shall apply to measures pursuant to this subsection, unless otherwise specified. (2) For judicial decisions, the district court is responsible, in the district of which the Federal Criminal Police Office has its seat. The provisions of the law on matters relating to the voluntary jurisdiction shall apply mutas to the procedure. (3) The personal data collected by measures in accordance with § § 20g to 20n shall be marked. (4) A measure pursuant to this subsection shall be inadmissible, insofar as special federal or equivalent national legislation on the use of such products is subject to the following conditions: conflict. The Federal Criminal Police Office may use the personal data collected under this subsection,
1.
to perform its task in accordance with Section 4a (1) sentence 1, or
2.
insofar as this is necessary for the performance of his duties in accordance with § § 5 and 6.
(5) The Federal Criminal Police Office may submit the personal data collected in accordance with this subsection to other police officers of the Federal Government and the Länder, as well as to other public authorities, to the extent that this is necessary.
1.
for the implementation of the mutual Benehmens pursuant to § 4a (2) sentence 3,
2.
on the defence of a serious threat to public security or to the prevention of criminal offences, which are referred to in § 129a (1) and (2) of the Criminal Code, in the event of a measure pursuant to § § 20h, 20k or § 20l only for the purpose of repelling an urgent the risk to public safety, in particular a common danger or a risk of life, or
3.
for the prosecution of criminal offences, if a request for information is admissible after the criminal procedure. Data collected in accordance with § § 20h, 20k or § 20l may only be transmitted for the prosecution of criminal offences which are punishable by a maximum of at least five years ' imprisonment.
In the case of the first sentence of sentence 1 no. 2, § 20a (2) shall not apply to the extent that the risk in connection with criminal offences must be in accordance with Section 4a (1) sentence 2. The personal data obtained by the Federal Criminal Police Office pursuant to this subsection may be transmitted to the Federal and State Federal Constitutional Protection Authorities as well as to the Military shielding service if:
1.
There are actual indications that the data are necessary for the collection and analysis of information on aspirations in the Federal Republic of Germany, which may be used by the use of force or preparatory actions directed towards it. are directed against the protection goods referred to in § 3 (1) (1), (3) and (4) of the Federal Constitutional Protection Act, or
2.
certain facts give rise to suspicions of security threats or intelligence activities for a foreign power.
The personal data obtained by the Federal Criminal Police Office pursuant to this subsection may be transmitted to the Federal Intelligence Service if certain facts give rise to the suspicion that such data is intended for the performance of the tasks of the The Federal Intelligence Service (BND) requires the Federal Intelligence Service to collect information on the hazardous areas referred to in Article 5 (1) sentences 3 (1) to (3) of Article 10 of the BND. Data collected in accordance with § 20h may only be transmitted in order to obtain information from the Federal Office for the Protection of the Constitution, the constitutional protection authorities of the Länder, the Federal Intelligence Service or the Military Shielding Service, which is intended for the fulfilment of the requirements of the Federal Office for the Protection of the Constitution. the task of the Federal Criminal Police Office in accordance with § 4a (1) sentence 1. The recipient may only use the data transmitted, unless otherwise provided by law, for the purpose for which it was transmitted to him. (6) The personal data obtained by a measure pursuant to this subsection shall be used for the purpose of: If the purpose of the measure is no longer necessary for the purpose of the measure and for any judicial review of the measure, it shall be deleted immediately. The deletion is to be informed. The files shall be kept separately, to be secured by technical and organisational measures and to be deleted at the end of the calendar year following the year of deletion of the data. To the extent that the deletion is solely for a possible judicial review of the measure, the data may only be used for this purpose without the consent of the persons concerned; they shall be blocked accordingly. Deletion shall not be possible in so far as the data are necessary for the prosecution of criminal offences or in accordance with § 8 for the prevention or prevention of the future prosecution of a criminal offence of considerable importance. Unofficial table of contents

§ 20w Notification

(1) A measure in accordance with § § 20g to 20n shall be notified in the case of
1.
§ 20g (2) no. 1 to 3 (longer-term observation, image recordings, technical means of observance) the target person as well as the persons who are significantly involved,
2.
§ 20g (2) (4) and (5) (use of confidants and covert investigators)
a)
the target person,
b)
the persons who are significantly involved,
c)
persons whose ungenerally accessible dwelling has entered the confidential person or the covert investigator,
3.
§ 20h (Living Room Monitoring)
a)
the person against which the measure was directed,
b)
other persons monitored,
c)
Persons who held or inhabited the supervised dwelling at the time of the implementation of the measure,
4.
§ 20i (invitation to tender) the target person and the persons whose personal data have been reported,
5.
§ 20j (grid fainting) the persons concerned, against which further measures have been taken after evaluation of the data,
6.
§ 20k (covert intervention in information technology systems) the target person as well as the persons involved,
7.
§ 20l (telecommunication surveillance) the parties involved in the monitored telecommunications,
8.
§ 20m (1) (collection of traffic data) the parties involved in the telecommunications concerned,
9.
§ 20m (2) (collection of usage data) of users,
10.
of § 20n (IMSI-Catcher) the target person.
The notification shall not be notified if the overriding legitimate concerns of an affected person are contrary to their protection. In addition, the notification of a person referred to in the first sentence of the first sentence, No 6, 7 and 8, against which the measure has not addressed the measure, may not be notified if it has been affected by the measure only insignificantly and is to be assumed that it is not interested in of a notification. Research into the identification of the identity of a person referred to in the first sentence shall be carried out only if, having regard to the intensity of intervention of the measure vis-à-vis that person, this is the effort to establish their identity (2) The notification shall be made as soon as this is without endangering the purpose of the measure, the condition of the State, the life or freedom of a person or Matters of significant value, the preservation of which is in the public interest, in the § 20g para. 2 no. 4 and 5 also the possibility of further use of the concealed investigator or the confidansesperson is possible. If a criminal investigation is carried out on the basis of the facts of the case, the notification by the law enforcement authority shall be made in accordance with the provisions of the criminal procedure law. If the notification is returned for one of the above reasons, this is to be documented. (3) The notification provided in accordance with paragraph 2 does not take place within twelve months of the end of the measure, the further notification is required. Return of the judicial consent. In the case of § § 20h and 20k, the period shall be six months. However, in the case of § § 20h and 20k, the court shall determine the duration of the further deferrals, however, no more than six months. Extensions of the duration of the return period are allowed. Five years after the end of the measure, the notification can be definitively waiver with the consent of the court if the conditions for notification are not likely to be in the future, even in the future. will occur. Where a number of measures have been carried out in a close temporal relationship, the period referred to in the first sentence shall begin with the end of the last measure. Unofficial table of contents

§ 20x Transmission to the Federal Criminal Police Office

Public authorities may submit information, including personal data, from the Federal Criminal Police Office, if there is actual evidence that the transmission is necessary for the performance of the task of the Federal Criminal Police Office in accordance with § 4a. An obligation to provide information shall be required if the information to prevent a risk to the stock or security of the State or body, life or freedom of a person or a matter of significant value, the preservation of which is in the public interest , is required. The provisions of the Code of Criminal Procedure, the Article 10 Act, the Federal Constitutional Protection Act, the BND Act and the MAD Act remain unaffected.

Subsection 4
Protection of members of the constitutional institutions

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Section 21 General powers

(1) In order to fulfil its tasks in accordance with § 5, the Federal Criminal Police Office may take the necessary measures to ward off an individual risk to public security, unless this law has the powers of the Federal Criminal Police Office. in particular. The powers provided for in the performance of the tasks set out in § 5 shall apply only in the spatial environment of a person to be protected and in relation to persons where there is evidence that they are at risk to the person to be protected . § § 15 to 20 of the Federal Police Act apply accordingly. (2) If facts justify the assumption that offences are to be committed, by which the persons or premises to be protected are directly at risk, the Federal Criminal Police Office
1.
establish the identity of a person when the person is in the premises to be protected or in the immediate vicinity of or in the immediate vicinity of the person to be protected and the identification of the identity on the grounds of the person to be protected. § 23 (3) sentence 1, 2, 4 and 5 of the Federal Police Act shall apply mutatily,
2.
require authorization certificates, certificates, certificates, certificates or other documents to be handed out for consideration in so far as it is necessary for the performance of his or her task and the person concerned is obliged to do so by virtue of a law To bring documents to the public,
3.
Search a person or a thing if he or she is in the premises to be protected, or in the immediate vicinity of or in the immediate vicinity of the person to be protected, and the search due to the danger situation or to the person or cause-related evidence required; § 43 (3) to (5) and § 44 (4) of the Federal Police Act shall apply accordingly.
(3) The Federal Criminal Police Office (Bundeskriminalamt) can carry out recognition service measures in accordance with Article 24 (3) of the Federal Police Act, if an identity determination permitted under paragraph 2 no. 1 is not possible in another way or only under considerable difficulties. is. If the identity is established, the documents which have been identified in connection with the determination shall be destroyed. This shall not apply if it is necessary for them to be kept further in order to prevent offences against the persons or premises to be protected, because the person concerned is suspected of having committed such a criminal offence and because of the nature or There is a risk of repetition, or if further storage is permitted under other legislation. If the documents have been sent to other bodies, they must be informed of the destruction that has been carried out. (4) The Federal Criminal Police Office may temporarily prevent a person from taking a risk to the persons or premises to be protected by (5) The Federal Criminal Police Office (Bundeskriminalamt) can ensure a cause for the defence of a current danger to the persons or premises to be protected. § § 48 to 50 of the Federal Police Act apply accordingly. (6) The Federal Criminal Police Office may enter and search an apartment without the consent of the holder if this is to prevent a present danger for life or freedom of a person to be is essential to the protection of the person. The apartment comprises the residential and ancé rooms, work rooms, operating rooms and business premises as well as other satisfactory possessions. § 46 of the Federal Police Act applies accordingly. (7) The Federal Criminal Police Office may take a person into custody if this is indispensable to the imminent commission of a criminal offence against the persons or premises to be protected. prevent. § 40 (1) and (2), § § 41 and 42 (1) sentence 1 and (2) of the Federal Police Act shall apply accordingly. Unofficial table of contents

Section 22 Collection of personal data

(1) The Federal Criminal Police Office may collect personal data to the extent that this is necessary for the performance of its tasks pursuant to § 5. § 21 (3) and (4) of the Federal Police Act applies accordingly. (2) Insofar as this is necessary for the performance of the duties pursuant to Section 5 of the Federal Criminal Law Act, the person who provides business telecommunication services or is required to do so may Information about the data collected in accordance with § § 95 and 111 of the Telecommunications Act (§ 113 paragraph 1 sentence 1 of the Telecommunications Act) is required. Where the request for information in accordance with the first sentence relates to data by means of which access to terminal equipment or to storage facilities which are used in these terminals or in a spatially separate way is protected (Section 113 (1) sentence 2 of the (3) The information referred to in paragraph 2 may also be provided on the basis of a date allocated at a specific time. Internet Protocol address required (Section 113 (1) sentence 3 of the Telecommunications Act). (4) Requests for information pursuant to the second sentence of paragraph 2 may only be ordered by the court at the request of the President of the Federal Criminal Police Office or his representative. In the event of danger in default, the order may be made by the President of the Federal Criminal Police Office or his representative. In such a case, the judicial decision shall be taken immediately. Sentences 1 to 3 shall not apply if the person concerned is already aware of or has to be informed of the request for information, or if the use of the data is already permitted by a court decision. The existence of the conditions set out in the fourth sentence shall be taken into account. Section 20v (2) shall apply accordingly. (5) In the cases referred to in the second sentence of paragraph 2 and in paragraph 3, the person concerned shall be notified of the information provided. The notification shall be made as far as and as soon as hereby the purpose of the information is not foiled. It shall not be held unless the overriding legitimate interests of third parties or of the person concerned are contrary to the protection of the person concerned. If the notification is returned in accordance with the second sentence, or apart from it after sentence 3, the reasons are to be informed. (6) On the basis of a request for information in accordance with paragraph 2 or 3, the person who has business telecommunications services shall have the right to make a request. , or shall be involved in providing the data necessary for the exchange of information without delay. For the compensation of the service providers, § 23 of the Justice Remuneration and Compensation Act is to be applied accordingly. Unofficial table of contents

Section 23 Special funds for data collection

(1) The Federal Criminal Police Office may collect personal data with the special funds referred to in paragraph 2 above
1.
persons in which the facts justify the assumption that they are to be committed against the body, life or freedom of a person to be protected or a criminal offence against one of the premises referred to in paragraph 5, or
2.
contact persons or accompanying persons,
and the prevention of the risk or the prevention of the offence is, in any other way, hopeless or would be significantly impeded. The survey can also be carried out if third parties are inevitably affected. (2) Special data collection is
1.
the planned observation of a person who is scheduled to last for more than twenty-four hours or more than two days (longer term observation),
2.
the use of technical means outside the home in a manner which is not visible to the person concerned;
a)
for the production of image recordings or recordings,
b)
for interception or recording of the non-publicly spoken word and
3.
the use of persons who do not belong to the Federal Criminal Police Office and whose cooperation with the Federal Criminal Police Office is not known to third parties.
(3) The use of special means referred to in paragraph 2 may be ordered only by the head of the department of the Federal Criminal Police Office or its representative, except in the event of danger in default. The order shall be informed, stating the relevant reasons, and shall be limited to a maximum of one month. The extension of the measure requires a new arrangement. In the cases referred to in paragraph 2 (1) and (2) (b), the decision on the extension of the measure may be taken only by the judge. The district court, in whose district the Federal Criminal Police Office is located, is responsible. The procedure shall be governed by the provisions of the Law on the Procedure in Family Matters and in the matters of voluntary jurisdiction. (4) Documents obtained by means of the measures referred to in paragraph 2 above, shall be destroyed without delay, in so far as they are not or no longer necessary for the purposes of the order or in accordance with the Code of Criminal Procedure for the prosecution of a criminal offence. (5) After the conclusion of the provisions of paragraph 2 (1) and (2) of this Regulation, (b) measures referred to in point (b) shall be the person against which the measure has been placed; , as soon as this can be done without endangering the purpose of the measure or public security. The information provided by the Federal Criminal Police Office shall not be provided if, on account of the triggering facts, a criminal investigation procedure is conducted against the person concerned and would be jeopardised by the provision of information for the purpose of the investigation; the Decision is made by the public prosecutor. Unofficial table of contents

§ 24 Data transfer to the Federal Criminal Police Office

Public authorities and other public authorities may submit personal data to the Federal Criminal Police Office if there are actual indications that the transmission for the performance of the tasks of the Federal Criminal Police Office pursuant to § 5 is required. A transfer obligation exists if the data are required to avert a danger for body, life or freedom. The responsibility for the admissibility of the transmission shall be borne by the transmitting body. If the transmission is carried out at the request of the Federal Criminal Police Office, the Federal Criminal Police Office shall be responsible. Unofficial table of contents

§ 25 Processing and use of personal data

(1) The Federal Criminal Police Office may process and use personal data in so far as it is necessary for the performance of its tasks to protect members of constitutional bodies. The transmission of the data obtained in the course of the performance of the tasks pursuant to § 5 is permissible under the conditions of § § 10 and 14. (2) The data collected for the performance of the tasks pursuant to § 5 shall be deleted in files and blocked in files if: they are no longer required for the purpose underlying the survey. This shall not apply if it is necessary for the prosecution of criminal offences or in accordance with § 8 for the prevention or prevention of the prosecution of future offences of considerable importance.

Subsection 5
Witness protection

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Section 26 Powers

(1) In order to fulfil its task in accordance with § 6, the Federal Criminal Police Office, unless this law or the witness protection harmonization law particularly regulates the powers, may take the necessary measures to ensure that there is a risk in the individual case. To prevent life, health, freedom of decision-making and activation or significant assets of the persons referred to in § 6. The measures may also be continued after the final conclusion of the criminal proceedings in which the statement has been made; in the event that the execution of the sentence is still carried out, the measures shall be taken in agreement with the Criminal enforcement authority and, in the event of continued detention, also in agreement with the law enforcement authority. § 21 (2) to (7), § § 22 to 25 of this Act as well as § § 15 to 20 of the Federal Police Act shall apply mutatis. (2) Measures of the Federal Criminal Police Office, which shall be taken in accordance with paragraph 1, shall be the competent national criminal offices and the competent national criminal law offices. to inform the public prosecutor responsible for prosecution without delay. After the public action has been filed, the court must immediately inform whether the Federal Criminal Police Office is carrying out measures in accordance with paragraph 1. If the measures are to be discontinued, the public prosecutor's office must be informed.

Section 3
Common provisions

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§ 27 Prohibition of delivery and refusal of refusal

(1) The transmission in accordance with the provisions of this law shall not apply if:
1.
it is clear to the transmitting body that, taking into account the nature of the data and its collection, the interests worthy of the person concerned outweigh the general interest in transmission, or
2.
The obligation to maintain legal confidentiality obligations or of professional or special official secrecy, which is not based on statutory provisions, remains unaffected.
The first sentence of paragraph 1 shall not apply to transfers to the public prosecutors. (2) The data transfer in accordance with § 14a (1) and (3) shall not apply even if:
1.
this would impair the essential security interests of the federal or state governments,
2.
the transmission of data to the principles set out in Article 6 of the Treaty on European Union would be contrary to the principles laid down in Article 6 of the Treaty,
3.
the data to be transmitted does not exist in the requested authority and can only be obtained by the taking of coercive measures; or
4.
the transmission of the data would be disproportionate or the data is not necessary for the purposes for which it is to be transmitted.
(3) The data transmission in accordance with Section 14a (1) and (3) may also be subject to the following conditions:
1.
the data to be transmitted do not exist in the Federal Criminal Police Office, but can be obtained without the use of coercive measures,
2.
This would endanger the success of an ongoing investigation or limb, life or freedom of a person, or
3.
the offence to which the data are to be transmitted shall be punishable under German law with a maximum term of imprisonment of a maximum of one year or less.
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§ 27a Use of data transmitted in accordance with Council Framework Decision 2006 /960/JHA

(1) Data submitted to the Federal Criminal Police Office in accordance with Framework Decision 2006 /960/JHA may only be used for the purposes for which they have been transmitted or for the purpose of averting a current and significant risk to public security shall be used. For a different purpose or as evidence in a judicial proceeding, they may only be used if the overruling state has consented to it. (2) The Federal Criminal Police Office shall, at its request for the purpose of data protection control, provide information on the information provided to the authorities responsible for the use of the data, such as the Data was used. Unofficial table of contents

§ 28 Reconciliation of personal data with files

(1) The Bundeskriminalamt (Federal Criminal Police Office) may match personal data with the content of files which it leads to the performance of the tasks assigned to it or for which it has authorization to retrieve it for the performance of these tasks, if the reason for the acceptance is that this is necessary in order to carry out a task on which it is responsible. In the course of its performance, it may be able to match the collection of personal data. (2) Legislation on the reconciliation of data in other cases shall remain unaffected. Unofficial table of contents

§ 29 Processing and exploitation for scientific research

(1) The Federal Criminal Police Office may, in the course of its tasks, process and use personal data existing in the Federal Criminal Office if this is necessary for certain scientific research work, in so far as a use of anonymised data is required. (2) The Federal Criminal Police Office (Bundeskriminalamt) may provide personal data to universities, other institutions, which may be responsible for the protection of the interests of the person concerned. carry out scientific research, and communicate to the public authorities where:
1.
whereas this is necessary for the implementation of certain scientific research;
2.
the use of anonymized data for this purpose is not possible; and
3.
the public interest in the research work considerably outweighs the protection worthy interest of the person concerned in the exclusion of the transmission.
(3) The transmission of the data shall be effected through the provision of information where this can be achieved by means of the purpose of the research work and if the grant does not require a disproportionate effort. Otherwise, access to the file can also be granted. The files may be sent for inspection. (4) Personal data will only be transmitted to such persons who have been particularly pledged for public service or for the public service or who have been obligated to maintain secrecy. Article 1 (2), (3) and (4) (2) of the Obligations Act applies to the obligation to maintain secrecy. (5) The personal data may only be used for the research work for which they have been transmitted. The use of any other research or dissemination shall be determined in accordance with paragraphs 2 to 4 and shall be subject to the agreement of the body which transmitted the data. (6) The data shall be protected against unauthorised disclosure by third parties. The body responsible for scientific research shall ensure that the use of the personal data is spatially and organizationally separated from the performance of such administrative tasks or business purposes for which this data is provided. (7) As soon as the research purpose permits, the personal data are to be anonymized. As long as this is not yet possible, the characteristics must be kept separately, with which details can be attributed to the personal or factual circumstances of a specific or determinable person. They may only be merged with the individual information provided that the purpose of the research is required. (8) Anyone who has received personal data in accordance with paragraphs 2 to 4 may publish it only if this is necessary for the presentation of Research results on the events of contemporary history are indispensable and the Federal Criminal Police Office has agreed. (9) If the recipient is a non-public body, the provisions of the third section of the German Federal Data Protection Act also apply Application if the data is not processed in or out of files. Unofficial table of contents

§ 30 Further use of data

(1) The Federal Criminal Police Office (Bundeskriminalamt) may use personal data available to him for the purpose of police training or for statistical purposes, insofar as the use of anonymized data is not possible for this purpose. The same applies to the transmission to the Landeskriminalämter for criminalstatistical purposes. The data are to be anonymized at the earliest possible date. (2) The Federal Criminal Police Office can store personal data if this is necessary for the administration of the case or for the temporary documentation of police action. shall be used exclusively for this purpose. Unofficial table of contents

Section 31 Notification on the storage of personal data of children

If the personal data of children who have been collected without knowledge of the persons entitled to custody are stored, the persons entitled to custody shall be informed as soon as the performance of the duties is no longer endangered. The information may not be provided as long as it is to be provided that the information is subject to significant disadvantages for the child. In the framework of the police information system, this obligation is the responsibility of the data-producing body. Unofficial table of contents

§ 32 Correction, deletion and blocking of personal data in files

(1) The Federal Criminal Police Office shall correct the personal data stored in files if they are incorrect. (2) The Federal Criminal Police Office shall delete the personal data stored in files if their storage is inadmissible. or their knowledge of the task of filling them is no longer necessary. A blocking occurs when a deletion occurs if:
1.
There is reason to believe that the deletion would affect the protection of the interests of a person concerned,
2.
the data are needed for ongoing research, or
3.
Deletion due to the special nature of the storage is not possible or can only be deleted with disproportionate effort.
Blocked data may only be transmitted and used for the purpose for which the deletion has not been made; they may also be transmitted and used, insofar as this is indispensable to remedy an existing evidence of evidence or to the extent that the data subject is not (3) The Federal Criminal Police Office (Bundeskriminalamt) shall examine in the case of case-by-case processing and in accordance with fixed deadlines, whether stored personal data should be corrected or deleted. The special exams to be determined in accordance with Article 34 (1), first sentence, No. 8 may not exceed ten years in the case of adults, five years in the case of young people and two years for children, with the purpose of the storage and the nature and seriousness of the test. (4) In the cases of § 8 (4), the special exams in adults may not exceed five years and in the case of adolescents three years. Personal data of the persons referred to in § 8 (4) sentence 1 can only be stored without the consent of the person concerned for the duration of one year. The storage for each additional year shall be permitted, provided that the conditions of § 8 (4) sentence 1 are still available. The relevant reasons for the maintenance of the storage in accordance with the third sentence shall be taken into account. However, the storage in accordance with sentence 2 may not exceed five years in total for a total of three years and in the case of the prevention and prosecution of criminal offences in accordance with § 129a, also in conjunction with Section 129b (1) of the Penal Code. (5) The time limits begin with the day, where the last event has occurred which has resulted in the storage of the data, but not before the discharge of the person concerned from a prison institution or an end of a detention order with a deprivation of liberty; and Backup. In addition to the time limits set out in the second sentence of paragraph 3, the storage may also be maintained solely for the purposes of the administration of the case; in this case, the data may only be used for this purpose or to remedy any existing evidence of evidence. (6) If the Federal Criminal Police Office finds that incorrect data to be deleted or blocked have been transmitted, the recipient shall be notified of the correction, erasure or blocking if this is to safeguard legitimate interests. of the person concerned. (7) In the case of the transmission of personal data to the Federal Criminal Police Office as the central office outside the police information system shall notify the supplying body of the cancellation obligations in force in accordance with its law. The Federal Criminal Police Office has to comply with these. The deletion shall not be deleted if there is evidence that the data are necessary for the performance of the tasks of the Federal Criminal Police Office as the central office, including in the presence of further findings, unless the data are also available. The Federal Criminal Police Office would be obliged to delete it. (8) In the case of the transfer pursuant to the first sentence of paragraph 7, the Federal Criminal Police Office shall, in the case of the storage of the personal data in files outside the police information system, in consultation with the (i) the special examination period referred to in paragraph 3 or 4. The issuing body shall inform the Federal Criminal Police Office if it finds that data to be deleted or to be blocked have been transmitted. The same shall apply if the supplying body determines that incorrect data have been transmitted and that the correction is necessary to protect the interests of the person concerned or to fulfil the tasks of the supplying body or of the body responsible for the protection of the person concerned. (9) In the case of personal data stored in files of the police information system, the obligations referred to in paragraphs 1 to 6 shall be the responsibility of the body responsible for the responsibility for data protection in accordance with the provisions of the § 12 (2). The third sentence of paragraph 7 shall apply in respect of the country committed to erasure. In this case, the Federal Criminal Police Office shall leave the relevant written documents to the Federal Criminal Police Office. Unofficial table of contents

§ 33 Correction, blocking and destruction of personal data in files

(1) If the Federal Criminal Police Office determines the inaccuracy of personal data in files, this must be recorded in the file or recorded in other ways. If the data subject denies the accuracy of stored data and neither the correctness nor the incorrectness can be ascertained, the data must be marked accordingly. (2) The Federal Criminal Police Office has to block personal data in files, if
1.
the storage of the data is inadmissible; or
2.
on the occasion of a case-by-case processing, it is determined that the knowledge of the data is no longer necessary for the performance of the tasks assigned to the Federal Criminal Police Office, or that there is an obligation to delete the data in accordance with § 32 (3) to (5).
The file shall be destroyed if it is no longer necessary for the performance of the tasks of the Federal Criminal Police Office. (3) The destruction shall not be destroyed if:
1.
There is reason to believe that otherwise the interests of the person concerned would be adversely affected, or
2.
the data are needed for ongoing research.
In such cases, the data shall be blocked and the documents shall be marked with a corresponding blocking note. (4) The data shall be used only for the purpose for which they have been blocked or in so far as it is intended to remedy an existing situation. (5) Instead of the destruction referred to in the second sentence of paragraph 2, the files shall be handed over to the competent archive, provided that such documents are of permanent value within the meaning of Section 3 of the Federal Archives Act (Bundesarchiv gesetz) (6) § 32 (6) to (8) shall apply accordingly. Unofficial table of contents

Section 34 Order

(1) The Federal Criminal Police Office shall determine, for each automated file with personal data held by him in order to fulfil his duties, in an order of establishment which requires the consent of the Federal Ministry of the Interior:
1.
Name of the file,
2.
Legal basis and purpose of the file,
3.
group of people over which data is stored,
4.
the nature of the personal data to be stored,
5.
Types of personal data used to access the file,
6.
Delivery or input of the data to be stored,
7.
conditions under which personal data stored in the file are transmitted to which recipients and in what procedure,
8.
Test rists and storage periods,
9.
Logging.
The Federal Commissioner for Data Protection must be consulted prior to the adoption of a training order. (2) In the case of files of the police information system, the enforcement order shall also be subject to the agreement of the relevant Interior Ministries and (3) If the authorities referred to in paragraphs 1 and 2 are not able to participate in the tasks referred to in paragraphs 1 and 2, the Federal Criminal Police Office may, in the cases referred to in paragraph 2, be in agreement with the the concerned participants in the police information system, an immediate order meet. At the same time, the Federal Criminal Police Office shall inform the Federal Ministry of the Interior under the submission of the immediate order. The procedure referred to in paragraphs 1 and 2 shall be reviewed immediately. (4) At reasonable intervals, the need to continue or modify the files shall be reviewed. Unofficial table of contents

Section 35 Supplementary provisions

§ § 51 to 56 of the Federal Police Act shall apply in accordance with § § 4 to 6 of the Federal Criminal Police Act. Unofficial table of contents

§ 36 Decree of administrative provisions

The Federal Government may, with the consent of the Federal Council, adopt the general administrative provisions necessary for the implementation of this Act. Unofficial table of contents

§ 37 Application of the Federal Data Protection Act

§ 3 para. 2 and 8 sentence 1, § 4 para. 2 and 3, § § 4b, 4c, 10 para. 1, § § 13, 14 para. 1, 2, 4 and 5, § § 15, 16, 18 para. 2 sentence 2 and 3 as well as § § 19a and 20 of the German Federal Criminal Police Office (Bundeskriminalamt) are to be found in the performance of the tasks of the Federal Criminal Office pursuant to § § 2, 3, 5 and 6 of the German Federal Criminal Law. Federal Data Protection Act is not an application. Unofficial table of contents

Section 38 Restriction of fundamental rights

The fundamental rights of physical integrity (Article 2 (2) sentence 1 of the Basic Law), the freedom of the person (Article 2 para. 2 sentence 2 of the Basic Law), the letter, post and telecommunications secrecy (Article 10 of the Basic Law), the Freedom of movement (Article 11 (1) of the Basic Law) and the inviolability of the flat (Article 13 of the Basic Law) are restricted in accordance with the provisions of this Act.