Act On The Federal Criminal Police Office And The Cooperation Of The Federal And State Governments In Criminal Matters (Article 1 Of The Law On The Federal Criminal Police Office And The Cooperation Of The Federal And State Governments In Criminal...

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 law on the Federal Criminal Police Office and the cooperation of the federal and state federal states in criminal police Matters) (Bundeskriminalamtgesetz-BKAG)

Non-official table of contents

BKAG

Date of delivery: 07.07.1997

Full quote:

" Bundeskriminalamtgesetz vom 7. July 1997 (BGBl. 1650), as defined by Article 7 of the Law of 17. July 2015 (BGBl. I p. 1324) has been amended "

:Modified by Art. 3 iVm Art. 9 G v. 20.6.2013 I 1602
Note:Change by Art. 7 G v. 17.7.2015 I 1324 (No 31) in a textual, documentary yet non-exhaustive

See the menu under Notes
for details on the standstill.

Footnote

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

The G has been 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 overview

Section 1
Central facilities for cooperation in criminal police matters, tasks of the Bundeskriminalamtes
§ 1 Headquarters for cooperation in criminal police matters
§ 2Central location
§ 3International Collaboration
§ 4Law Tracking
§ 4aDefense of the dangers of the international Terrorism
§ 5 Protection of members of the constitutional bodies and the management of the Federal Criminal Police Office
 § 6Witness Protection
Section 2
 Bundeskriminalamtes
Subsection 1
Central Location
§ 7 Guided tour of the central office of the central office
§ 8Central Office Files
§ 9Central location other files
§ 10Data transfer in national area
§ 11Police Information System
§ 12 Data protection legal responsibility in the police information system
 § 13Central Office Information
Subsection 2
International Cooperation
§ 14Co-operation in international collaboration
§ 14aTransfer of personal data to Member States of the European Union
§ 15Tendering powers Cooperation in the international field
§ 15aNight-time notification of alerts for hidden control in the Schengen Information System
Subsection 3
Law enforcement and data storage for future criminal proceedings
§ 16Use of technical means for self-assurance
§ 17Support to the police authorities of the countries at the Law enforcement
§ 18 Prison Coordination
§ 19Official Acts, Countries ' Support obligations
§ 20Data storage for the purposes of future criminal proceedings
subsection 3a
Defense against the dangers of international terrorism
§ 20aGeneral powers
§ 20bPersonal Data Collection
 § 20cSurvey and disclosure requirement
§ 20d Identity determination and verification of authorization notes
§ 20eDiscovery Service Measures
§ 20fsubpoena
§ 20gSpecial means of data collection
§ 20hSpecial provisions on the use of technical means in or out of Apartments
§ 20i Tendering for police observation
§ 20jGrid fainting
§ 20khidden intruder in information technology systems
 § 20lTelecommunications Monitoring
§ 20mCollection of telecommunication traffic data and Usage Data
§ 20n Identification and localization of mobile phone cards and terminals
 § 20oPlace referral
§ 20pGeversam
§ 20qPersons search
§ 20rsearch_search
§ 20sEnsure
§ 20tEnter and Browse apartments
§ 20u Protection Certificate Denial Protection
§ 20vJurisdiction, Labeling, Usage and Deletion
§ 20wNotification
§ 20xForwarding to the Federal Criminal Police Office
subsection 4
Protection of members of the constitutional bodies and the leadership of the Federal Criminal Police Office
§ 21General Powers
§ 22 Collection of Personal Data
§ 23Special data collection means
§ 24Data transfer to the Federal Criminal Police Office
§ 25Processing and use of personal data
subsection 5
witness protection
 § 26powers
Section 3
 Common Provisions
§ 27Delivery prohibitions and reasons for refusal
§ 27aUse of data transmitted in accordance with Council Framework Decision 2006 /960/JHA
§ 28Comparison of personal Data with Files
§ 29 Processing and use for scientific research
§ 30Other use of data
§ 31Notification on the storage of personal data of children
§ 32Correction, Deletion, and Lock Personal
Data in Files
§ 33Correction, blocking, and destruction of personal data in files
§ 34ErrichtOrder
 § 35Supplemental regulations
§ 36Decree of administrative provisions
§ 37Validate of the Federal Data Protection Act
§ 38 Restriction of fundamental

Section 1
Central facilities for cooperation in criminal police matters, tasks of the Bundeskriminalamtes

Non-official table of contents

§ 1 Central facilities for cooperation in criminal police Matters

(1) The Federation maintains a federal criminal office for cooperation between the federal and state governments in criminal matters.(2) The Länder maintain central offices of the Criminal Police (Landeskriminalämter) for their territory in order to secure cooperation between the Federal Government and the Länder. Several countries can maintain a common state criminal office.(3) The prosecution as well as the prevention of criminal offences and the tasks of the other security shall remain a matter for the Länder, unless otherwise provided by law. Non-official table of contents

§ 2 Central Office

(1) The Federal Criminal Police Office (Bundeskriminalamt) supports as the central office for the police information and information system Intelligence and criminal police officers of the federal and state governments in the prevention and prosecution of criminal offences with transnational, international or significant importance.(2) The Federal Criminal Police Office (Bundeskriminalamt) has to carry out this task
1.
all necessary information for this purpose to collect and evaluate,
2.
the law enforcement agencies of the federal and state governments immediately on the information concerning them and the information they have experienced
theCriminal Police Office (Bundeskriminalamt) has a police information system as the central office in accordance with the provisions of this law.(4) The Federal Criminal Police Office (Bundeskriminalamt), as the central office in support of the federal and state police forces in the prevention and prosecution of criminal offences and security of security, maintains central facilities and collections, in particular
1.
central discovery service facilities and collections, and
2.
central facilities for pundits for people and things.
(5) The Federal Criminal Police Office can assist the countries in their data processing on request. The processing and use of the data shall be carried out in accordance with the instructions of the Länder and in accordance with their rules on the processing of data on behalf of the company.(6) The Federal Criminal Police Office (Bundeskriminalamt), as the central office, has also, in support of the federal and state police forces, in the prevention and prosecution of criminal offences
1.
to entertain the necessary facilities for all areas of criminal investigation and for criminaltechnical research, and to cooperate with the police on this To coordinate areas,
2.
criminalpolice analyses and statistics, including crime statistics, and to this end the development of crime to observe,
3.
Explore and develop police methods and ways of combating crime
4.
To carry out education and training events in special criminal police areas.
(7) The Federal Criminal Police Office reimburse recognition service and criminal technical Expert opinion on criminal proceedings on the requirements of police departments, public prosecutors and courts. Non-official table of contents

§ 3 International Cooperation

(1) The Federal Criminal Police Office 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 (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 shall be made in the police information system according to § 11.(2) The police force of the Federal Government and the Länder with the police and judicial authorities and other public authorities in other States which are responsible for the prevention or prosecution of criminal offences shall be responsible for the Federal Criminal Police Office. 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 shall remain unaffected by agreements made by the competent national authorities with the competent foreign authorities within the framework of the agreements concluded by the Confederation and by the international cooperation of the customs authorities.The first sentence of paragraph 2 shall not apply to services with the competent authorities of the neighbouring States and of the Member States of the European Union in so far as it relates to crime of regional importance in the border area, or to the extent to which there is a risk in the It's a move. 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. Non-official table of contents

§ 4 criminal prosecution

(1) The Federal Criminal Police Office is responsible for the police tasks in the field of law enforcement
1.
in cases of internationally-organized illegal trade in arms, ammunition, explosives, Anaesthesia or medicinal products and the internationally organised production or dissemination of counterfeit money, which require a declaration of invalidity abroad, as well as related offences, including the international organized money laundering,
2.
in cases of crimes committed against life (§ § 211, 212 of the Criminal Code) or the freedom (§ § 234, 234a, 239, 239b of the German Criminal Code) Criminal Code) of the Federal President, of members of the Federal Government, of the Bundestag and of the Federal Constitutional Court or of the guests of the constitutional bodies of the Federal Republic of Germany from other states or of the heads and members of the Federal Republic of Germany Germany certified diplomatic missions if it is to be assumed that the perpetrator has acted on political motives and that the deed touches on matters of foreign policy or foreign policy,
3.
in the cases of internationally-organized offenses
a)
according to § 129a, also in conjunction with § 129b (1), the Penal Code,
b)
according to § § 105 and 106 of the Penal code to the detriment of the Federal President, a constitutional body of the federal government or the member of a constitutional organ 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 this is a foreign stat and a place of jurisdiction has not yet been established,
5.
in the cases of criminal offences in accordance with § § 202a, 202b, 202c, 263a, 303a and 303b of the Criminal Code, insofar as actual There is evidence that the action is against
a)
the internal or external security of the Federal Republic of Germany or
b)
Government authorities or bodies of the federal or security-sensitive bodies of vital institutions in the event of their failure or The Public Prosecutor's Office may, in consultation with the Public Prosecutor's Office, be responsible for the destruction of a significant threat to the health or life of humans or to the functioning of the community.
Federal Criminal Police Office (Bundeskriminalamt) to carry out investigations of another police department otherwise responsible. The Federal Ministry of the Interior requires the consent of the Federal Ministry of the Interior to carry out the tasks pursuant to the first sentence of sentence 1, no. 2 and 3, point (b); the Federal Criminal Police Office may act in the event of danger in the event of consent before the consent is granted.(2) In addition, the Federal Criminal Police Office shall carry out the police tasks in the field of law enforcement if
1.
a competent state authority requests or
2.
the Federal Minister of the Interior, after briefing of the supreme state authority, for serious reasons, or
3.
the Federal Attorney General asks for it or issued an order.
Sentence 1, no. 1 and 3, applies in accordance with the criminal case 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 carries out police duties in the field of criminal prosecution and shall also be immediately informed of: notify the competent State Criminal Police Offices, the Federal Prosecutor General in the cases in which he is responsible for the conduct of the investigation, and in the other cases the attorneys general, in whose districts a place 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 remain unaffected.(4) In the cases referred to in paragraphs 1 and 2, the Federal Criminal Police Office may give instructions for cooperation to the competent State Criminal Offices (§ 1 paragraph 2). The supreme state authority shall be notified immediately. Non-official table of contents

§ 4a Defense of the dangers of international terrorism

(1) The Federal Criminal Police Office can complete the task of defence against Perceive the dangers of international terrorism in cases where
1.
is a transboundary hazard,
2.
the jurisdiction of a state police authority is not recognizable or
3.
the supreme state authority In
cases, it may also prevent offences referred to in Article 129a (1) and (2) of the Penal Code and intended to intimidate the population in a significant manner, to a public authority or to an authority or to a International organization unlawful by force or by threat of violence, or to eliminate the political, constitutional, economic or social structures of a state or an international organization by the nature of their commission or by the nature of their commission or by the effects of a State or an international organisation.(2) The powers of the Länder and other police authorities of the Federation shall 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 of the task referred to in 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 paragraph 1. Non-official 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 The President of the German Bundestag and the responsibility of the Federal Police and the police forces of the Länder is responsible for the Federal Criminal Police Office
1.
the required personal protection
a)
for the members of the federal constitutional bodies,
b)
in special 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 of letters a and c, the necessary protection may be in particular, extend beyond the term of office and involve family members;
2.
the internal protection of the seats of the service and of the residences and of the respective residences. Residency spaces of the Federal President, the members of the Federal Government, and in particular cases to be determined by their guests from other States.
(2) Should officials of the Federal Criminal Police Office and the police of a country in the cases of the paragraph be 1 at the same time, the Federal Ministry of the Interior shall decide, in agreement with the supreme state authority. Non-official 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 Federal Criminal Police Office of the Protection of Persons whose testimony is or was of importance for the exploration of 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 Police Offices 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 State Criminal Police Office by police officers of that country. The obligation of other police authorities to take the inexorable measures necessary for the prevention of danger remains unaffected.

Section 2
Powers of the Federal Criminal Police Office

Subsection 1
Central Location

Non-official table of contents

§ 7 guided tour The

Criminal Police Office (Bundeskriminalamt) may store, modify and use personal data to the extent that this is necessary for the fulfilment of its respective tasks as the central office.(2) The Bundeskriminalamt (Federal Criminal Police Office) may, insofar as this is necessary for the performance of its task as the central office pursuant to § 2 para. 2 No. 1, data to supplement existing facts or otherwise for the purpose of evaluation by means of information or requests at 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 empowered to do so in agreement with the competent law enforcement authority.(3) In so far as this is necessary in accordance with paragraph 2 for the performance of the task of the Federal Criminal Police Office as the central office in accordance with section 2, paragraph 2, point 1, the person who provides or participates in business telecommunication services shall be entitled to: 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 Telecommunications law), the information may only be requested if the legal requirements for the use of the data are available.(4) The information referred to in paragraph 3 may also be required on the basis of an Internet Protocol address assigned at a given time (Section 113 (1) sentence 3 of the Telecommunications Act). (5) The request for information pursuant to paragraph 3, second sentence, may only be applied to: Request of the President of the Federal Criminal Police Office or his representative to be ordered by the court. In case 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 third sentence is to be withdrawn from it, the reasons are to be found to be accurate.(7) In the event of a request for information pursuant to paragraph 3 or 4, the person who provides business telecommunications services or participates in the exchange of information shall have the data necessary for the exchange of information to be transmitted without delay. For the compensation of the service providers, § 23 of the Justice Remuneration and Compensation Act is to be applied accordingly.(8) In cases where data is already stored in a data file, the Federal Criminal Police Office may also store such personal information as may be required for the protection of that person or for the self-assurance of officials. .(9) Where assessments are stored in files, it must be possible to determine the position at which the documents on which the evaluation is based are to be carried out.(10) The Bundeskriminalamt (Federal Criminal Police Office) may also use the data stored at the Central Office, where necessary, also for the performance of its tasks in accordance with § § 4 to 6.(11) The Federal Ministry of the Interior, with the consent of the Federal Council, shall, by means of a legal regulation, determine the details of the nature of the data which may be stored in accordance with § § 8 and 9. Non-official table of contents

§ 8 files of the central office

(1) The Federal Criminal Police Office (Bundeskriminalamt) can fulfil its tasks pursuant to § 2 para. 1 to 3
1.
the person data of accused persons and, where necessary, other suitable for identification properties,
2.
the forensic police department and the crime battery number,
3.
the Tattimes and Tatorte and
4.
the accusations by specifying the legal regulations and the More detailed description of the offences
into files, store, modify and use.(2) Further personal data of accused persons and personal data of persons suspected of a criminal offence may only be stored, altered and used by the Federal Criminal Police Office, insofar as this is necessary because of the nature or Execution of the deed, 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 the suspect.(3) If the accused is acquitted in a legally binding manner, the opening of the main proceedings against him is rejected unquestionably, or the proceedings are not only provisionally set, the storage, change and use shall be inadmissible if the person from the court of law is not responsible for the proceedings. The reason for the decision is that the person concerned has not committed the act or has not committed it illegally.(4) Personal data of such persons who may be considered as witnesses in future prosecution or where there are indications that they may be the victims of a future crime, as well as contact persons and accompanying persons who are in the process of being considered as witnesses. (2) persons, whistleblowers and other interested parties may only be stored, modified and used as far as this is concerned with the prevention or prevention of the future prosecution of a crime of considerable importance is required. 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. The consent shall not be required if the disclosure of the storage intent would endanger the purpose pursued by the storage.(5) Personal data of other persons may be stored, changed and used by the Federal Criminal Police Office in files, insofar as this is necessary, because certain facts justify the assumption that the persons concerned are of considerable importance is going to be done.(6) The Bundeskriminalamt (Federal Criminal Police Office) may, in order to carry out its tasks pursuant to § 2 (4), store, modify and use personal data which has been collected when carrying out recognition service measures, if another Legal provision this allows or is required,
1.
because in the case of defendants and persons who of a criminal offence, because of 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 are to be brought against him, or
2.
to avert major hazards.
Paragraph 3 applies accordingly. Unofficial table of contents

§ 9 Other central office files

(1) The Federal Criminal Police Office may store personal data in files, alter and use, to the extent that this is necessary for the purpose of punishing and police observation, if the Federal Criminal Police Office or the body responsible for the invitation to tender is authorized under the law applicable to it, which shall be subject to the invitation to tender for the purposes of: to carry out or have carried out by a police authority the prosecution, the execution of the prison, the execution of the sentence or the defences of significant risks. The first sentence shall apply mutagenic to the invitation to tender for the implementation of measures to end or hinder the application of a residence permit. 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 a call for tenders in accordance with the first or second sentence, 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 detecting persons who are in judicial proceedings on suspicion or proof of illegal action. shall be subject to deprivation of liberty. The data will be deleted 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 the purpose of identification. Non-official table of contents

§ 9a Project-related common files

(1) The Federal Criminal Police Office (Bundeskriminalamt) may be responsible for the duration of a fixed-term project-related Cooperation with the federal and state constitutional authorities, the Military Shielding Service, the Federal Intelligence Service, the Federal Police Office and the Länder and the Customs Crime Office to establish 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 findings on
1.
Crime according to § 99 of the penal code,
2.
offences according to § 129a, also in conjunction with § 129b para. 1, of the Penal Code,
3.
intentional Offences in accordance with § § 17 and 18 of the German Foreign Trade Act, insofar as this is a case of special significance, or
4.
Crime offences that have been committed with
Personal data relating to the offences referred to in the second sentence may be used by the authorities involved in the project-related cooperation, using the common file, within the framework of the Powers shall be used to the extent that this is necessary in this context for the performance of their duties. In the case of further use of the personal data, the relevant provisions governing the use of data shall be applied to the authorities concerned.(2) For the entry of personal data in the common file, the respective transmission rules shall apply in favour of the authorities involved in the cooperation, with the proviso that the input is only admissible if the data are all authorities participating in the project-related cooperation may be sent. 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 shall 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. check.(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 at the end of the project has not yet been achieved and the file is still required to achieve the objective.(5) For the correction, blocking and deletion of personal data by the authority which has entered the data, the respective provisions applicable to them concerning the correction, blocking and deletion of data shall apply 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 Bundeskriminalamt (Federal Criminal Police Office) has to determine the information in accordance with § 34 (1) sentence 1 (1) to (9) for the joint file in an establishment order and, in agreement with the authorities participating in the project-related cooperation, to determine their respective data. To determine organizational units that are authorized to enter and retrieve. 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 body of information. Section 34 (3) shall apply accordingly. Non-official table of contents

§ 10 Data transfer in the national area

(1) The Federal Criminal Police Office can be sent to other federal police forces and to other police forces. To the extent that this is necessary in order to carry out its tasks or that of the recipient, Member States ' police authorities shall forward personal data to the police.(2) The Federal Criminal Police Office may transmit personal data to the authorities and other public authorities other than those referred to in paragraph 1, to the extent that this is provided for in other legislation or is required
1.
to perform its tasks according to this law,
2.
for law enforcement, penal, prison, and mercy trial purposes,
3.
for security purposes or
4.
to avert a serious impairment of the rights
and for the purposes of criminal proceedings.(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, secure 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 needed 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) If there is reason to believe that the transmission of data as referred to in paragraph 3 would endanger the underlying purpose of the collection of such data, the Federal Criminal Police Office shall obtain the consent of the body from which the data shall be submitted before the transmission. 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 must be obtained prior to the transmission referred to in paragraph 3.(5) Data which would be subject to § § 41 and 61 of the Federal Central Register Act can only be transmitted according to paragraphs 2 and 3 for the purposes mentioned in § § 41 and 61 of the Federal Central Registry Act. The prohibition of exploitation in accordance with § § 51, 52 and 63 of the Federal Central Register Act must be observed.(6) The recipient may use the personal data transmitted only for the purpose for which it has been transmitted to him. Use for other purposes is permitted, 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 case of a transfer to non-public bodies, the Federal Criminal Police Office has to inform the recipient.(7) The establishment of an automated procedure for the transmission of personal data by retrieval is only for the performance of full-policy tasks with the consent of the Federal Data Protection Act in accordance with Section 10 (2) and (3) of the Federal Data Protection Act (Bundesdatenschutzgesetz). Federal Ministry of the Interior and the Interior Ministries and Senatsines administrations of the Länder allowed, insofar as this form of data transfer taking into account the protected interests of the persons concerned because of the multitude of transfers or because of their particular urgent need for urgent action.(8) 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 beneficiary, unless there is a special occasion 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 accordingly.(9) Where personal data may be transmitted in accordance with paragraphs 1 and 2, further personal data of the person concerned or of a third party in files shall be linked in such a way that a separation is not possible or is only possible with an undue effort, the transmission of such data shall also be permissible, unless the legitimate interests of the person concerned or of a third party appear to outweigh the legitimate interests of the person concerned; the use of such data shall be inadmissible. Non-official table of contents

§ 11 Police information system

(1) The Federal Criminal Police Office (Bundeskriminalamt) is within the scope of its task pursuant to § 2 para. 3 central office for the electronic data network between the federal government and the federal states. 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) In order 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, are to be entered in addition to the Federal Criminal Police Office and the State Criminal Police Offices of other police authorities of the Länder, the Federal Police and the authorities responsible for the exercise of border police tasks of the Customs Administration and the Customs Crime Office shall be entitled to do so. 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 shall apply mutas to the input.(3) Only the authority which has entered data relating to a person shall have the power to amend, correct or delete it. 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 is stored for a person, any participant in the police information system may enter additional data in addition.(4) The Federal Foreign Office is entitled to call for the arrest and residency in the automated procedure of the search tenders, insofar as this is necessary for the diplomatic missions abroad in their capacity as passport authorities. The public prosecutors have the power to obtain automated procedures for criminal justice purposes:
1.
Alerts on arrest and residency and, in accordance with the rules of the Schengen Convention, also the calls for tenders in the Schengen area information system is stored,
2.
data about 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 in the police information system release stored data required by the public prosecutors for the performance of their tasks for automated retrieval, insofar as this form of data transmission takes account of the legitimate interests of the persons concerned, of the large number of transmissions or due to their particular urgent need for urgent action.(5) The establishment of an automated retrieval procedure is for other authorities in accordance with § 10 (2) and (3) of the German Federal Data Protection Act (Bundesdatenschutzgesetz) for the performance of performance-related tasks with the consent of the Federal Ministry of the Interior and the Federal Data Protection Act. The interior ministries and the senate administrations of the Länder shall be allowed, in so far as this form of data transmission takes account of the legitimate interests of the persons concerned, in view of the large number of transfers or because of their special nature. The need for urgent action is appropriate.(6) The Federal Criminal Police Office shall, with each access for the purposes of the data protection control, have the time to log the information enabling the determination of the data records called up and the service responsible for the access. 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. Non-official table of contents

§ 12 Data protection legal responsibility in the police information system

(1) The Federal Criminal Police Office (Bundeskriminalamt) has Central Office for the Electronic Data Network to monitor compliance with the rules on cooperation and 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, including for the legality of the survey, the admissibility of the input as well as the correctness or timeliness of the data, the places that directly enter the data. The responsible body must be able to be identified. The recipient shall be responsible for the admissibility of the call in the automated procedure.(3) In accordance with Section 24 (1) of the Federal Data Protection Act, the Data Protection Control is the responsibility of the Federal Commissioner for Data Protection. The data records entered in the police information system by the countries may also be checked by the respective national data protection officers in connection with the performance of their audit duties in the countries, to the extent that: the countries referred to in paragraph 2 are responsible. In this respect, the Federal Commissioner for Data Protection shall cooperate with the State Commissioner for Data Protection.(4) The Federal Criminal Police Office shall be liable for claims for damages of the person concerned 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 for compensation.(5) In accordance with § 19 of the Federal Data Protection Act, the person concerned shall be informed. 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. Non-official table of contents

§ 13 Information of the central office

(1) The state criminal offices shall transmit to the Federal Criminal Police Office in accordance with the conditions laid down in Ordinance on § 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. Did they have been ordered by a judge.(2) The Federal Criminal Police Office shall establish details of the transmission of information in consultation with the Landeskriminalämtern.(3) Paragraph 1, first sentence, shall apply mutatily to the police officers of the federal government, in so far as the information relates to transactions which they process on 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 provided by 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 Enforcement Service Act.(4) For the information obtained in the course of its tasks in accordance with § § 3 to 6, the Federal Criminal Police Office shall be subject to the teaching obligations referred to in the first sentence of paragraph 1.(5) The authorities and other public authorities may submit personal data to the Federal Criminal Police Office from its own point of view if there are actual indications that the transmission for the performance of the tasks of the Federal Criminal Police Office shall be deemed to be Central office is required. If the transmission is carried out at the request of the Federal Criminal Police Office, the Federal Criminal Police Office shall be responsible.(6) The responsibility for the admissibility of the transmission shall be borne by the transmitting body.

Subsection 2
International Cooperation

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§ 14 powers in international cooperation

(1) The Federal Criminal Police Office (Bundeskriminalamt) can be used by the police and judicial authorities, as well as other authorities for the The prevention or prosecution of criminal offences in other States, as well as between national and national authorities involved in the prevention or prosecution of criminal offences, shall transmit personal data to the extent that this is not the case. is required
1.
to perform a task that is assigned to it,
2.
for the prosecution of criminal offences and for the enforcement of sentences in accordance with the rules on international legal assistance in criminal matters or the rules on Cooperation with the International Criminal Court or
3.
to avert a significant risk to the public in individual cases Security.
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 provide stored personal data for the purpose of searching for goods (subject matter), for central police authorities of other states in accordance with the provisions of intergovernmental law. It is possible to obtain agreements for retrieval in automated procedures to ensure stolen, undersleeped or otherwise lost items.(3) 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 Federal Ministry of the Interior, shall be established for data stored for persons or police observation purposes for the purposes of the investigation of persons or police observation. Interior ministries and senate administrations of the countries allowed as far as
1.
actual clues to the extent that the calls for the prevention and prosecution of criminal offences are of paramount importance, as well as the prevention of threats to public safety,
2.
this form of data transmission taking into account the legitimate interests of the persons concerned because of the large number of transfers or because of their special need for urgent procedure , and
3.
the recipient State is the Council of Europe Convention on the Protection of Individuals with regard to Automatic Processing of Personal Data of the 28. The European Parliament and the Council of the European Union have ratified January 1981, or an equivalent level of protection and a supervisory authority which monitors the guarantee of data protection independently.
Will the retrieval procedure for a longer period of time than three months , the agreement of the participation of the legislative bodies in accordance with Article 59 (2) of the Basic Law shall be agreed. The recipient must be informed that he may only use the data for calls for tender in his own search files if a request for legal assistance is available.(4) The periodic transfer of personal data to international data stocks, as part of a systematic cooperation, shall be permitted in accordance with the provisions of European Union and international legal instruments, which shall: Participation of the legislative bodies in accordance with Article 59 (2) of the Basic Law require.(5) The Federal Criminal Police Office may, as the National Central Office of the Federal Republic of Germany for the International Criminal Police Organization, provide 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 to other National Central Offices or to the bodies referred to in paragraph 1, or for the purpose of collecting and evaluating information by the General Secretariat.(6) The Federal Office of Criminal Investigation (Bundeskriminalamt) may provide personal data to departments 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 as regards the foreign armed forces stationed in the Federal Republic of Germany of 3. August 1959 (BGBl. In 1961 II, p. 1183), if this is necessary for the legitimate performance of the tasks within their competence.(7) The Federal Criminal Police Office shall be 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 required, 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 consideration, 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. Non-official table of contents

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

(1) A request for a The Federal Criminal Police Office (Bundeskriminalamt) may provide personal data for the purpose of the prevention of criminal offences by the police authority or any other public body of a Member State of the European Union responsible for the prevention and prosecution of criminal offences. shall be transmitted. For the transmission of these data, the rules on data transmission in the national sector shall apply accordingly. The Federal Criminal Police Office is responsible for the admissibility of the data transfer.(2) The transfer of personal data as 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 requesting authority,
2.
the name of the offence to which Prevention of data is required,
3.
The description of the facts underlying the request
4.
the naming of the purpose at which the data will be requested
5.
the relationship between the purpose of where the information or findings are requested, and the person to whom that information refers,
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 in the country
(3) The Federal Criminal Police Office (Bundeskriminalamt) may also provide 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 request. in individual cases, the Union shall transmit the risk of committing an offence within the meaning of Article 2 (2) of Council Framework Decision 2002/584/JHA of 13 February 2002. The European arrest warrant and the surrender procedures between the Member States (OJ L 327, 22.9.2002, 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 data transmission in the national sector shall apply accordingly.(4) The admissibility of the transfer of personal data by the Federal Criminal Police Office to a police authority or other public body 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 of international law shall remain unaffected.(5) In the case of a police authority or other public body of a Member State of the European Union within the meaning of paragraphs 1 and 3, which is responsible for the prevention and prosecution of criminal offences, any body designated by that State in accordance with Article 2 (a) shall apply: Council Framework Decision 2006 /960/JHA of 18 May 2006 December 2006 on the simplification of the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union (OJ L 327, 28.12.2006, p. 89, L 75 of 15.3.2007, p. 26).(6) Paragraphs 1 to 5 shall also apply to the transmission of personal data to police authorities or other public bodies of a Schengen-associated State responsible for the prevention and prosecution of criminal offences, in the sense of Article 91 (3) of the Law on International Mutual Assistance in Criminal Matters. Non-official table of contents

§ 15 Tendering powers in international cooperation

(1) The Federal Criminal Police Office (Bundeskriminalamt) can rely on one of the A request by a competent authority of a foreign State or an international criminal court by a competent authority for the Federal Republic of Germany to prosecud criminal offences or the enforcement of criminal penalties, ,
1.
a person with regard to the order of extradition or It appears to be admissible for arrest or residency,
2.
write out other persons to determine their stay,
3.
Write a person or a thing about police observation and
4.
Procedure to determine the identity of persons.
(2) The measures referred to in paragraph 1 (2), (3) and (4) shall be admissible only if they are also permitted under German law in the case of the facts on which they are based.(3) In cases referred to in paragraph 1, which are of particular importance in political, actual or legal relationship, the Federal Criminal Police Office shall first obtain the authorization of the Federal Ministry of Justice.(4) The Federal Criminal Police Office (Bundeskriminalamt) may, at the request of the authorities referred to in Article 14 (1),
1.
Minors who have been withdrawn or withdrawn from the custody of the person entitled to custody and persons in whom an detention is necessary to protect them against a danger to their bodies or their lives, in particular because the Person who can be identified in a state of free will or otherwise in a helpless situation, writing for custody,
2.
to the extent that they are not to be taken into custody, enroll for the purpose of finding a residence,
3.
write out a person for police observation when facts are
() calls for tenders pursuant to paragraphs 1 (2) and (3) and (4) (3) require the order to be issued by the Member State in which the person is responsible for the offences. Judges shall, in so far as they are carried out on the basis of the request of a State which is not a 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 relevant department of the Federal Criminal Police Office. The arrangement is to be made actenkundig.(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 the rearrangement.(7) Special provisions on the basis of legal acts of the European Union and of international treaties shall remain unaffected.(8) The Federal Criminal Police Office may, in the case of alerts issued by the security authorities of other States, issue a person for detention, if and as long as the detention is indispensable, in order to imminent danger to 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. Non-official table of contents

§ 15a Notification of alerts for hidden control in the Schengen Information System

(1) Is an invitation to tender for the covert control provided for in Article 36 (1) of Council Decision 2007 /533/JHA of 12 June 2007, The Schengen Information System (SIS II) has been entered into the Schengen Information System by a body of the Federal Republic of Germany in June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II). Federal Criminal Police Office, in agreement with the body which has ordered the alert to notify the person concerned of this invitation to tender after the end of the call for tenders, unless the notification is due to other special of legal provisions. 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 deferrals. Five years after the end of the call for tenders, it may agree to the final check of 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 state 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 the matters of voluntary jurisdiction shall apply in accordance with the procedure.(2) In the event of an invitation to tender in accordance with Section 17 (3) of the Federal Constitutional Protection Act, the notification shall be notified by the body which has initiated the invitation to tender, by way of derogation from paragraph 1, after the end of the call for tenders, as soon as a risk to the In order to be excluded from the invitation to tender.(3) In the case of invitations to tender for the covert control by foreign authorities, the Bundeskriminalamt shall provide information which is not provided for in Article 58 (3) and (4) of Council Decision 2007 /533/JHA, to be granted retrospectily if the information provided by the Federal Office of There are no circumstances in which the information is to be provided. 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 equipment Funds for self-assurance

(1) Persons commissioned by the Federal Criminal Police Office (Bundeskriminalamt) are allowed to act within the scope of the powers of the Federal Criminal Police Office on grounds of law enforcement, as far as this is used to avert dangers for their body, life or freedom is indispensable, without the knowledge of the persons concerned in the presence or in the immediate temporal context of the use of the person appointed by the Federal Criminal Police Office, the word not spoken publicly within or outside an apartment with technical means to be listened to and recorded and light images and image recordings made.(1a) Where the core area of private life is concerned, the measure within an apartment shall be interrupted 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 necessary for these purposes, but at the latest at the end of the calendar year following the year of the document.(2) Measures referred to in paragraph 1 shall be arranged by the President of the Federal Criminal Police Office or his representative. 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 obtained through the use of technical means of self-assurance may only be used for the purpose of security (Article 13 (5) of the Basic Law), except for the purpose referred to in paragraph 1. 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 purposes of law enforcement 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 they are still needed for the purposes referred to in paragraph 3.(5) The measures taken in accordance with paragraph 1 shall inform the parties as soon as this is not endangering the purpose of the investigation, the public security, the life of a person or the possibility of further use of a can be done by the Federal Criminal Police Office. Non-official table of contents

§ 17 Support to police authorities in law enforcement countries

(1) In support of Law enforcement measures can be sent by the Federal Criminal Police Office to the police authorities in the countries if the competent national authority requests or if this can be useful for 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

§ 18 law enforcement coordination

(1) A criminal offence is committed to the area of several countries, or a criminal offence is committed. In connection with another offence in another country and it is indicated that the police tasks in the field of law enforcement are uniformly perceived, 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, has the police duties in the field of law enforcement with the proviso that these tasks as a whole are to be carried out.(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 for the responsibility. Non-official table of contents

§ 19 Administrative actions, support obligations of countries

(1) Federal and State law enforcement officers may in the cases § 4 (1) and (2) and section 18 (1) of this Act shall be subject to official acts of the 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. As far as appropriate, officials from the local police departments should be consulted on the investigation.(2) The police departments of the Federal Government and the Länder shall provide the Federal Criminal Police Office with information in cases in which it is determined within the limits of its competence and the officials sent by him pursuant to Section 17 (1) and shall grant access to the files. The same applies to the police officers of the Länder, who are acting in accordance with section 18 (1).(3) The locally competent police services shall provide officials of the Federal Criminal Police Office or, in the case of an assignment in accordance with Section 18 (1), of another country carrying out investigations, personnel and factual assistance.(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. Non-official table of contents

§ 20 Data storage for the purposes of future criminal proceedings

The Federal Criminal Police Office (Bundeskriminalamt) may be subject to the conditions laid down in § 8. For the purposes of future criminal proceedings, personal data which it has obtained in the course of carrying out its tasks in the field of law enforcement shall be stored, changed and used for the purposes of future criminal proceedings.

Subsection 3a
Threats of International Terrorism

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§ 20a General powers

(1) In order to carry out its task in accordance with Section 4a (1) sentence 1, the Federal Criminal Police Office may take the necessary measures 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 shall apply accordingly.(2) The danger within the meaning of this subsection is a risk for public security in connection with criminal offences in accordance with § 4a (1) sentence 2. Unofficial Table Of Contents

§ 20b Personal Data Collection

(1) The Federal Criminal Police Office may, unless otherwise specified in this subsection, is intended to collect personal data in so far as this is necessary for the performance of the task assigned to it in accordance with Section 4a (1).(2) In order to prevent criminal offences in accordance with Section 4a (1) sentence 2, a collection of personal data is only permissible if the facts justify the assumption that
1.
If a person wishes to commit an offence pursuant to § 4a (1) sentence 2 and the data collected is necessary for the prevention of this offence, or
2.
the person with a person after Number 1 is not only fleeting or in random contact, and
a)
is aware of the preparation of a criminal offence pursuant to § 4a (1) sentence 2 has,
b)
draw benefits from the exploitation of the act or
c)
the person referred to in point 1 for the commission of the offence (contact and accompanying person) and the prevention of such offences would otherwise be indiscriminately or significantly impeded.
3) As far as this is relevant for the investigation of the facts, or the identification of the place of residence of a person under the conditions laid down in paragraphs 1 and 2 shall be required by the person who provides for or participates in the provision of telecommunications services in accordance with the provisions of Sections 95 and 111 of the Telecommunications law (Section 113 (1), first sentence, 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 Telecommunications law), the information may only be requested if the legal requirements for the use of the data are available.(4) The information referred to in paragraph 3 may also be required on the basis of an Internet Protocol address assigned at a given time (Section 113 (1) sentence 3 of the Telecommunications Act). (5) The request for information pursuant to paragraph 3, second sentence, may only be applied to: Request of the President of the Federal Criminal Police Office or his representative to be ordered by the court. In case 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.(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 third sentence is to be withdrawn from it, the reasons are to be found to be accurate.(7) In the event of a request for information pursuant to paragraph 3 or 4, the person who provides business telecommunications services or participates in the exchange of information shall have the data necessary for the exchange of information to be transmitted without delay. For the compensation of the service providers, § 23 of the Justice Remuneration and Compensation Act is to be applied accordingly.(8) § 21 (3) and (4) of the Federal Police Act shall apply accordingly. Non-official table of contents

§ 20c Survey and obligation to provide information

(1) The Federal Criminal Police Office may question a person if the facts are accepted justify the fact 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 has to hand out identity papers for the examination.(2) The requested person shall be obliged to provide the name, first name, date and place of birth, residence address and nationality as far as this is necessary for the purpose of fulfilling the task of the Federal Criminal Police Office pursuant to Section 4a (1) sentence 1. 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 the persons for which legal obligations are required, to the extent that the information is required to prevent a danger.(3) Under the conditions set out in § § 52 to 55 of the Code of Criminal Procedure, the person concerned is entitled to refuse access to the information. 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 data subject shall be informed of their right to refuse to provide information. Information obtained in accordance with the second sentence may be used only for the purpose referred to 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 notes

(1) If facts justify the assumption that a In accordance with Section 23 (3) sentences 1, 2, 4 and 5 of the Federal Police Act, the Bundeskriminalamt can determine the identity of a person,
1.
to ward off a danger,
2.
if it stays in one place, with respect to the facts, Justifies that
a)
should be given, prepared, or committed to the offences referred to in Section 4a (1) sentence 2, or
b)
meet people 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 any other particularly vulnerable object, or in the immediate vicinity thereof, and which justify the assumption that there is a Offences pursuant to § 4a (1) sentence 2 shall be committed 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-related clues
(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 examined. shall be handed out if the person concerned is obliged, on the basis of a legal provision, to carry on these documents. Non-official table of contents

§ 20e Discovery Service Measures

(1) Is a valid identity determination according to § 20d Para. 1 in another way The Bundeskriminalamt (Federal Criminal Police Office) can carry out recognition service measures pursuant to Section 24 (3) of the Federal Police Act (Bundespolice Act), if it is not possible or only possible(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.
Facts justifying the assumption that the person can provide relevant information for the performance of the task assigned to the Federal Criminal Police Office pursuant to Section 4a (1) sentence 1 , or
2.
this is required for the implementation of recognition service measures.
(2) § 25 (2) to (4) of the Federal Police Act (Bundespolicgesetz) accordingly. Non-official table of contents

§ 20g Special funds for data collection

(1) The Federal Criminal Police Office may collect personal data with the special funds pursuant to paragraph 2 above
1.
persons 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 Federal Police Act on the person designated there to avert a danger to the stock or to the security of the State or to 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 it will commit offences in accordance with Section 4a (1) sentence 2, or
3.
a contact or accompanying person,
if the defection of the danger or the prevention of the offenses is inconsiderate or much more difficult in other ways. The measure may also be carried out if third parties are to be unavoidably affected.(2) Special data collection means are
1.
the scheduled observation of a person who continuously lasts longer than 24 hours or more than two days (longer term observation),
2.
the use of technical means outside of dwellings in a way that is not recognizable to the person concerned
a)
for the production of image recordings or recordings of persons or things that are outside of apartments, or
b)
to listen or record the non-publicly spoken word outside of apartments
3.
other special technical means for observational purposes to study the facts or to determine the location of a person referred to in paragraph 1. Person,
4.
the use of private individuals, whose collaboration with the Federal Criminal Police Office is not known to third parties (confidansesperson), and
5.
the use of a police enforcement officer under a legend left to him (hidden investigator).
(3) Measures pursuant to paragraph 2 no. 5, which are against a particular person, or where the covert investigator enters an apartment not generally accessible, may only be ordered by the court at the request of the competent department or the representative of the department. 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 the representation of the latter. 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 period 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. Sentences 4 and 5 shall apply accordingly.(4) A covert investigator may participate in the legal transactions under the legend
1.
and
2.
with the consent of the person entitled to enter his apartment; the agreement must not be allowed to pretend an access right beyond the use of the legend
To the extent that it is essential for the construction 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 for the use of technical means for self-assurance within apartments. Non-official table of contents

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

(1) The Federal Criminal Police Office may 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, by the use of covert use technical means in or out of apartments
1.
listening and recording the non-publicly spoken word of a person,
a)
which is responsible according to § 17 or § 18 of the Federal Police Law,
b)
at the concrete Preparatory actions for themselves or together with other specific facts justify the reasonable assumption that they will commit offences in accordance with Section 4a (1) sentence 2, or
c)
who is a person with a person in point (a) or (b) or (b),
2.
Light images and image recordings about this person,
if the defection of the danger would be hopelessly or significantly more difficult in some other way.(2) The measure may only be directed against the person referred to in paragraph 1 and shall be carried out only in the home of the person. In the case of other persons, the measure shall be admissible only if, on the basis of certain facts, it is to be assumed that
1.
is one 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: will be carried out if 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 General Court within three days, it shall not enter into force.(4) The order shall be written in writing. In it, specify
1.
the name and address of the person against which the measure is directed, if possible,
2.
the apartment to be monitored or the living spaces to be monitored,
3.
Nature, scope and duration of the measure and
4.
the main reasons.
The order is 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 no longer exist, the measures taken on the basis of the order shall be terminated without delay.(5) The measure referred to in paragraph 1 may only be arranged and carried out in so far as, on the basis of actual evidence, in particular on the nature of the premises to be monitored and the relationship of the persons to be monitored to each other, it shall be adopted: is that the monitoring does not cover statements to be attributed to the core area of private life-making. The interception and monitoring referred to in the first sentence shall be interrupted immediately, as long as there is actual 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 requesting court for a decision on the use of data 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 means of 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. Non-official table of contents

§ 20i Call for tender for police observation

(1) The Federal Criminal Police Office may provide personal data, in particular: Personal data of a person and the official registration number of a motor vehicle used or used by the person, in a file for police observation, so that other police authorities of the Federal Government and the Länder have knowledge of the place and time of the arrival of the person, of any accompanying person, of the motor vehicle and of the driver of the motor vehicle, of the facts and circumstances of the meeting with the opportunity of a review of another occasion (call for tender for police officers) Observation). (2) The alert for police observation is only allowed if
1.
expects the overall assessment of the person and the offences committed to date. , that in the future it will commit criminal offences in accordance with Section 4a (1) sentence 2, or
2.
Facts may justify the assumption that the person is a criminal offence in accordance with § 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 competent department or its representative. The order shall be documented by stating the relevant reasons.(4) The arrangement 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 duration beyond a total of one year requires the court order.(5) In the event that the conditions for the order no longer exist, the purpose of the measure is reached or if it becomes apparent that it cannot be reached, the call for tenders for police observation shall be deleted immediately. Non-official table of contents

§ 20j Grid fahndung

(1) The Federal Criminal Police Office may send a message from public or non-public bodies to request personal data from certain groups of persons from files for the purpose of automated reconciliation with other data sets, insofar as this is intended to prevent a risk to the stock or to the security of the state or to life or freedom of a person or property of significant value, the preservation of which is offered in the public interest; such a risk is usually also present when concrete preparatory actions justify the assumption that: a criminal offence pursuant to section 4a (1) sentence 2 is to be committed. It is not possible to request the transmission in accordance with the first sentence of the German Federal and State Office for the Protection of the Constitution, the Military shielding service and the Federal Intelligence Service.(2) The request for transmission shall be limited to the name, address, date and place of birth and to other characteristics to be determined on a case-by-case basis; it shall not extend to personal data relating to a professional or special official secrecy. shall be subject to Personal data not covered by requests for transmission may be transmitted if, due to considerable 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 if it becomes apparent that it cannot be reached, the transmitted and in connection with the measure shall be deleted and the files shall be destroyed, insofar as they are not intended for use with the Subject-related procedures are required. The measure taken is to be documented. This documentation shall be kept separately, shall be secured 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 referred to in the first sentence.(4) The measure may only be ordered at the request of the President of the Federal Criminal Police Office or his representative by the court. Non-official table of contents

§ 20k Verdeckter Intervention in Information Technology Systems

(1) The Federal Criminal Police Office shall be allowed to use the information provided by the Federal Office for (i) use technical means in the information technology systems used by the person concerned and collect data from them when certain facts justify the assumption that there is a danger to
1.
Body, Life or Freedom of a Person or
2.
Such goods of the general public, the threat of which
ain accordance with the first sentence shall also be admissible if it is not yet sufficiently likely to establish that without the implementation of the provisions of the Action in the near future will cause any damage, provided that certain facts indicate that there is a risk to one of the legal goods referred to in the first sentence of the first sentence by certain persons. The measure may only be carried out if it is required for the performance of the task in accordance with § 4a and if it would otherwise be difficult or substantially difficult.(2) It is technically necessary to ensure that
1.
only changes to the information technology system, which are essential for data collection, and
2.
the changes made at the end of the measure are automatically undone as far as technically possible.
The amount used is in accordance with the state of the art against unauthorised use. Copied data shall be protected in accordance with the state of the art against alteration, unauthorised erasure and unauthorised knowledge.(3) For each use of the technical means, log
1.
is the name of the technical means and the time of its use,
2.
the information about the information technology system and the not only volatile changes made to it,
3.
the information that allows the data collected to be determined, and
4.
the organizational unit that
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 purposes set out in sentence 2.(4) The measure may only be directed against a person who is responsible in accordance with § 17 or § 18 of the Federal Police Act. The measure may also be carried out in cases where 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 order shall be written in writing. In it, specify
1.
the person against which the measure is directed, as far as possible, with name and address,
2.
a very precise description of the information technology system to be used for data collection,
3.
The type, scope and duration of the action, naming the end point, and
4.
the essential Reasons.
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 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 shall be terminated without delay.(7) The measure shall be inadmissible if there are actual indications of the assumption that the measure alone would result in findings from the core area of private life-making. 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-area-relevant 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. Non-official table of contents

§ 20l Monitoring of telecommunications

(1) The Federal Criminal Police Office (Bundeskriminalamt) can, without the knowledge of the person concerned, telecommunications monitor and record a person,
1.
which is responsible in accordance with § 17 or § 18 of the Federal Police Act, and this to prevent an urgent danger for the stock or security of the State or for the body, life or freedom of a person or property of a significant value whose preservation is in the public interest,
2.
where certain facts justify the assumption that they are preparing offenses according to § 4a para. 1 sentence 2,
3.
in which certain facts justify the assumption that it receives or continues to receive communications for a person referred to in point 1, or originating from the person concerned, or
4.
where certain facts justify the assumption that a person referred to in paragraph 1 will use their telecommunication terminal or terminal device,
and the defence of the risk or the prevention of criminal offences would be indiscriminately or significantly impeded in any other way. The measure may also be carried out in cases where 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 use technical means in the information technology systems used by the person concerned, if
1.
technical measures ensure that only current telecommunication is monitored and recorded, and
2.
the intervention in the information technology system is necessary to monitor and record the telecommunications, especially 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. In it, specify
1.
the person against which the measure is directed, as far as possible, with name and address,
2.
the phone number or other identifier of the port or terminal to be monitored, provided that it does not result from certain facts that they are at the same time a different terminal
3.
The type, scope and duration of the measure, naming the end point and
4.
in the case of paragraph 2, also the most accurate description of the information technology system to be used for data collection.
The arrangement is for a maximum period of three months. An extension of no more than three additional months shall be allowed 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 shall be terminated without delay.(5) On the basis of the order, anyone who provides or participates in telecommunications services (service providers) shall 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 Remuneration and Compensation Act is to be applied accordingly.(6) The measure shall be inadmissible if there are actual indications of the assumption that a measure under paragraphs 1 and 2 alone would obtain knowledge from the core area of private life-making. 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 measures; show that content that is attributable to the core area of private life is being 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 requesting court for a decision on the use of data 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, which have been obtained by a measure under paragraphs 1 and 2, 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. Non-official table of contents

§ 20m Collection of telecommunication traffic data and usage data

(1) The Federal Criminal Police Office (Bundeskriminalamt) can without knowledge of the Affected traffic data (§ 96 (1) and § 113a of the Telecommunications Act) rise to
1.
In accordance with § 17 or § 18 of the Federal Police Act, those responsible 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 maintenance of which is in the public interest,
2.
the person in which certain facts justify the assumption that they are offences in accordance with § 4a (1) sentence 2 prepared,
3.
the person in which certain facts justify the assumption that they are intended for a person in accordance with point 1, or originating from that person, Receive or continue communications, or
4.
the person in which certain facts justify the assumption that a person as referred to in point 1 of the A telecommunications terminal or a terminal equipment shall be used
if the defences of the risk or prevention of the offences would be indiscriminately or substantially impeded in any other way.(2) Under the conditions set out in paragraph 1, the Federal Criminal Police Office may provide information on usage data (§ 15 para. 1 of the German Federal Office for the Protection of the Media) by those who hold their own or other telemedia for use or who provide access to the use. Telemediengesetz). 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) Section 20l (3) to (5) shall apply mutatis. with the proviso that the competent department or its representative shall be appointed to the post of the President of the Federal Criminal Police Office or his representative. 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 hopelessly or substantially more difficult. Non-official table of contents

§ 20n Identification and localization of mobile phone cards and devices

(1) The Federal Criminal Police Office can be found under the Requirements of § 20l (1) by technical means
1.
the device number of a mobile radio terminal and the card number of the card used in it as well as
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 if, for technical reasons, this is unavoidable in order to achieve the purpose referred to in paragraph 1. They may not be used beyond the data synchronization to determine the device and card number sought and must be deleted immediately after completion of the measure.(3) § 20l (3) and 4 (1) and (5) shall apply accordingly. The arrangement 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 referred to in paragraph 1 persist.(4) On the basis of the arrangement of a measure referred to in paragraph 1 (2), anyone providing or co-operating telecommunications services shall have the equipment and card number required for the purpose of determining the location of the mobile terminal equipment to the Federal Criminal Police Office without delay. Non-official table of contents

§ 20o Placement of space

The Federal Criminal Police Office may temporarily refer a person to a person in order to prevent a danger. or temporarily ban them from entering a place. Non-official table of contents

§ 20p custody

(1) The Federal Criminal Police Office can take a person into custody if this is essential,
1.
to enforce a place referral in accordance with § 20o or
2.
to be used immediately
() § 40 (1) and (2) as well as Sections 41 and 42 (1) sentences 1, 3 and 2 of the Federal Police Act shall apply mutatily, with the proviso that the following shall be deemed to have been committed to the The measure referred to in paragraph 1 shall be notified to the deprivation of liberty referred to in that paragraph. unofficial table of contents

§ 20q search of persons

(1) The Federal Criminal Police Office can search a person if
1.
it can be held after this sub-section,
2.
facts justify the assumption that it carries with itself things that may be guaranteed in accordance with § 20s,
3.
it shall be held at one of the places mentioned in § 20d (1) no. 2,
4.
it is located at one of the places mentioned in § 20d (1) no. 3 and justifies the assumption that offences are to be committed in accordance with section 4a (1) sentence 2, or
5.
it is in the immediate vicinity of a person who, on the basis of certain facts, is endangered by the commission of offences pursuant to § 4a (1) sentence 2 is,
and the search is required due to the person to be searched for. § 20d (1) of this Act in conjunction with Section 23 (3) sentence 5 of the Federal Police Act shall remain unaffected accordingly.(2) The Federal Criminal Police Office may search a person whose identity is to be established under this law or other legislation, in accordance with weapons, explosives or other dangerous objects, to the extent that this is the case in the circumstances relating to: Protection of the official of the Federal Criminal Police Office, the person himself or a third party is required against a danger for 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 can search a thing if
1.
it is carried by a person who is allowed to be searched according to § 20q,
2.
Facts the adoption justify the fact that there is another thing in it that can be seized,
3.
The assumption justifies the assumption that there is a person in it, which may be taken into custody,
4.
it shall be held at one of the places referred to in § 20d (1) no. 2,
5.
it is located at one of the places mentioned in § 20d (1) no. 3 and justifies the assumption that offences are to be committed in accordance with section 4a (1) sentence 2, or
6.
it is in the immediate vicinity of a person who, on the basis of certain facts, endangers the commission of criminal offences in accordance with Section 4a (1) sentence 2 is
and the search is required due to the cause of the case. § 20d (1) of this Act in conjunction with Section 23 (3) sentence 5 of the Federal Police Act shall remain unaffected accordingly.(2) § 44 (4) of the Federal Police Act applies accordingly. Unofficial Table Of Contents

§ 20s Freezing

(1) The Federal Criminal Police Office can ensure a thing,
1.
to ward off a present danger or
2.
if it is carried by a person who is this subsection is held, and the thing can be used to
a)
to kill or to be hurt,
b)
damaging the life or health of others,
c)
damage foreign stuff or
d)
to allow or to facilitate the escape
(2) The § § 48 to 50 of the Federal Police Act apply accordingly. Non-official table of contents

§ 20t Entry and search of apartments

(1) The Federal Criminal Police Office (Bundeskriminalamt) can provide an apartment without the holder's consent enter and search when
1.
Facts justify the assumption that there is a person who, according to § 20f (2) of this Act, is in contact with § 25 Section 3 of the Federal Police Act (Bundespolicgesetz) may be brought forward in accordance with § 20p, or may be taken into custody in accordance with § 20p,
2.
The assumption justifies the assumption that there is a It is a matter which may be seized pursuant to § 20s (1) no. 1, or
3.
to prevent a current threat to the stock or security of the State or to the The property, life or freedom of a person or for matters of significant value whose preservation is offered in the public interest is required.
The apartment comprises the residential and ancembering rooms, work rooms, operating rooms and business premises, as well as other satisfactory possessions.(2) During the night period (Section 104 (3) of the Code of Criminal Procedure), entering and searching for an apartment is only permitted in the cases referred to in paragraph 1 (3).(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 persons experience criminal offences in accordance with Section 4a (1) Set 2 to arrange, prepare or practise.(4) Work, 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 German Federal Criminal Police Office (Bundeskriminalamt) during the working, Enter your business or residence time.(5) § 46 of the Federal Police Act applies accordingly. Non-official table of contents

§ 20u Protection of persons entitled to refuse

(1) Measures after this subsection, which are against one in § The person referred to in the first sentence of the first subparagraph of Article 53 (1), No 1, (2) or (4) of the Code of Criminal Procedure, and is expected to provide information on which that person is likely to refuse the certificate shall be inadmissible. § 20c (3) remains 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 in the case 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, the person referred to is obtained from a person referred to in that paragraph on which he or she has is likely to refuse the certificate.(2) Insofar as a measure would affect a person referred to in § 53 (1), first sentence, No. 3 to 3b or No. 5 of the Code of Criminal Procedure, and as a result would be expected to obtain information on which that person should refuse the certificate, this is in the context of the examination of proportionality, having regard to the public interest in the duties carried out by that person and the interest in the secrecy of the facts entrusted or disclosed to that person, in particular: shall be considered. Where necessary, the measure shall be dislocated or, in so far as it is possible to do so by the nature of the measure, to be limited.(3) Paragraphs 1 and 2 shall apply mutagentily to the extent that the testimony referred to in § 53a of the Code of Criminal Procedure is likely to deny the certificate.(4) Paragraphs 1 to 3 shall not apply, provided that the facts justify the assumption that the person objecting to the certificate is responsible for the danger. Unofficial Table Of Contents

§ 20v Court Jurisdiction, Marking, Use and Deletion

(1) For actions after this subsection shall apply, unless otherwise specified, the following provisions.(2) The district court is responsible for court decisions, in the district of which the Federal Criminal Police Office has its seat. The provisions of the law on matters relating to voluntary jurisdiction shall apply mutas to the procedure.(3) The personal data collected by means of measures in accordance with § § 20g to 20n shall be marked. After transmission to another body, the marking shall be maintained by the said body.(4) A measure in accordance with this subsection shall be inadmissible in so far as special federal legal or corresponding state-of-the-art regulations are in conflict. The Federal Criminal Police Office may use the personal data collected according to this subsection,
1.
to perform its task pursuant to § 4a (1) sentence 1 or
2.
as far as this is necessary for the performance of its tasks in accordance with § § 5 and 6.
(5) The Federal Criminal Police Office may collect the information collected after this subsection Provide personal data to other federal and state police forces as well as to other public authorities, as far as this is necessary
1.
for the purposes of the mutual Benehmens according to § 4a (2) sentence 3,
2.
for the prevention of a serious threat to public security or to the prevention of criminal offences, which are described in § 129a (1) and (2) of the Penal Code, in the event of a measure pursuant to § § 20h, 20k or § 20l, only to prevent an urgent danger to public security, in particular a common danger or a danger 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 cases of sentence 1 No. 2, § 20a para. 2 shall not be applied in so far as the risk relating to 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 Republic of Germany and the Federal Constitutional Protection Authorities and to the Military shielding service if
1.
The actual evidence is that the data is required for the collection and analysis of information on aspirations in the Federal Republic of Germany, which are Use of force or preparatory acts directed at it against the protection goods referred to in § 3 (1), (1), (3) and (4) of the Federal Constitutional Protection Act, or
2.
Certain facts justify the suspicion of security-threatening or intelligence-related activities for a foreign power.
Die vom Bundeskriminalamt nach ths under this subsection Personal data obtained may be transmitted to the Federal Intelligence Service if certain facts establish the suspicion that such data may be used for the performance of the tasks of the Federal Intelligence Service pursuant to Section 1 (2) of the BND Act for the collection of information on the hazardous areas referred to in Article 5 (1) sentence 3 (1) to (3) of Article 10 (Law). 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 for by law, for the purpose for which it was transmitted to him.(6) If the personal data obtained by a measure pursuant to this Subsection are no longer necessary for the purpose of fulfilling the purpose of the measure and for a possible judicial review of the measure, they shall be immediately to delete. 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 merely 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) Notify a measure in accordance with § § 20g to 20n in the
1.
the § 20g para. 2 no. 1 to 3 (longer-term observation, image recordings, technical observational means) the target person as well as the persons who are significantly involved,
2.
of § 20g para. 2 no. 4 and 5 (use of confidants and covert investigators)
a)
the Target person,
b)
the people who are significantly affected,
c)
the people who do not Generally accessible apartment having entered the confidant or the covert investigator
3.
of § 20h (housing surveillance)
a)
the person against which the action was directed,
b)
other monitored people,
c)
People who held or inhabited the monitored apartment at the time of performing the
,
4.
§ 20i (tender) the target person and the people whose personal data has been reported
5.
§ 20j (raster fainting) the affected people against which further measures have been taken after evaluation of the data,
6.
of § 20k (covert intervention in information technology systems) the target person as well as the persons involved,
7.
§ 20l (telecommunication monitoring) the participants in monitored telecommunications,
8.
of the § 20m para. 1 (collection of traffic data) the parties involved in the telecommunications concerned,
9.
§ 20m (2) (collection of usage data) of the users,
10.
the § 20n (IMSI-Catcher) the target person.
The notification is not notified if the overriding legitimate concerns of an affected person are contrary to the person's most sensitive issues. 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, and which is subject to the following adverse effects for these or other persons.(2) Notification shall be made as soon as this is done without endangering the purpose of the measure, the state of the State, the body, life or freedom of a person or property of significant value, the preservation of which is in the public interest, in the case of § 20g para. 2 no. 4 and 5 also the possibility of further use of the concealed investigator or of 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) In the event that the notification referred to in paragraph 2 does not take place within twelve months of the end of the measure, the further withdrawal of the judicial consent shall be required. 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. are going to happen. 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. Non-official table of contents

§ 20x Transmission to the Federal Criminal Police Office

Bundeskriminalamt) Public authorities can obtain information from the Federal Criminal Police Office (Bundeskriminalamt) , including personal data, if there are actual indications 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 Bodies

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§ 21 General powers

(1) In order to perform its tasks in accordance with § 5, the Federal Criminal Police Office (Bundeskriminalamt) to take the necessary measures to ward off an individual risk to public security, provided that this law does not specifically regulate the powers of the Federal Criminal Police Office. 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 with regard to persons where there is evidence that they are dangerous to the person to be protected . § § 15 to 20 of the Federal Police Act shall 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 (Bundeskriminalamt)
1.
will determine the identity of a person when the person is in the premises to be protected or in immediate proximity to or in the immediate vicinity of the person to be protected is required and the identification of the identity is necessary due to the danger situation or to the person-related clues; § 23 (3) sentence 1, 2, 4 and 5 of the Federal Police Law applies accordingly,
2.
require authorization certificates, certificates, certificates or other documents to be handed out for examination, to the extent that: it is necessary to carry out its task and the person concerned is obliged to carry out such documents on the basis of a legal provision,
3.
a person or a Search for a matter if it is or is located 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 is based on the hazard situation or on the person concerned. § 43 (3) to (5) and Section 44 (4) of the Federal Police Act (Bundespolicgesetz) shall apply.
(3) The Federal Criminal Police Office may take measures pursuant to Section 24 (3) of the Federal Police Act (Bundespolice Act) where an identity determination permitted under paragraph 2 (1) is not possible in any other way, or is only possible under considerable difficulties. 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 their further storage to prevent criminal 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 shall be informed of the destruction that has taken place.(4) The Bundeskriminalamt (Federal Criminal Police Office) may temporarily point a person from a place or temporarily prohibit the entry of a place for the prevention of a danger to the persons or premises to be protected.(5) The Bundeskriminalamt (Federal Criminal Police Office) can ensure a cause for the defence of a present danger for the persons or premises to be protected. § § 48 to 50 of the Federal Police Act shall apply accordingly.(6) The Federal Criminal Police Office may enter and search an apartment without the consent of the holder, if this is indispensable for the defence of a present danger for the body, life or freedom of a person to be protected. 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 Bundeskriminalamt (Federal Criminal Police Office) may take a person into custody if this is indispensable in order to prevent the imminent commission of a criminal offence against the persons or premises to be protected. § 40 (1) and (2), § § 41 and 42 (1) sentence 1 and (2) of the Federal Police Act shall apply accordingly. Non-official table of contents

§ 22 Collection of personal data

(1) The Federal Criminal Police Office may collect personal data in so far as this is the case. The performance of his duties according to § 5 is required. § 21 (3) and (4) of the Federal Police Act shall apply accordingly.(2) Insofar as this is necessary for the performance of the duties according to § 5 of the Federal Criminal Law Act, the person who provides or participates in the business of telecommunication services shall be entitled to information on the pursuant to § § 95 and 111 of the German Federal Criminal Law Act (Bundeskriminalamtgesetz). Telecommunications law (Section 113 (1), first sentence, 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 Telecommunications law), the information may only be requested if the legal requirements for the use of the data are available.(3) The information referred to in paragraph 2 may also be required on the basis of an Internet Protocol address assigned at a given time (Section 113 (1) sentence 3 of the Telecommunications Act). (4) The request for information pursuant to the second sentence of paragraph 2 may only be applied to: Request of the President of the Federal Criminal Police Office or his representative to be ordered by the court. In case 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 if the third sentence is to be withdrawn from it, the reasons are to be found to be accurate.(6) In the event of a request for information pursuant to paragraph 2 or 3, the person who provides for or participates in the telecommunications services business shall have the data necessary for the exchange of information immediately to be transmitted. For the compensation of the service providers, § 23 of the Justice Remuneration and Compensation Act is to be applied accordingly. Non-official table of contents

§ 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 facts justify the assumption that they a criminal offence against the body, life or freedom of a person to be protected or a criminal offence against any of the premises referred to in § 5 shall be committed, or
2.
Contact or accompanying persons,
and the defection of the danger or the prevention of the offence would be inconsiderate or much more difficult in other ways. The survey may also be carried out if third parties are unavoidably affected.(2) Special data collection means are
1.
the scheduled observation of a person who is responsible for the data collection. continuous longer than twenty-four hours or more than two days (longer-term observation),
2.
the use of technical means outside the apartment in a way that is not recognizable to the person concerned
a)
for the production of images or recordings,
b)
to listen or record the non-publicly spoken word
3.
The use of people who are not members of 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 The funds referred to in paragraph 2 may only be ordered by the head of the department of the Federal Criminal Police Office responsible for the protection of persons or its representatives, except in the event of danger in the event of default. The order shall be informed, giving 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 provisions of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction shall apply in accordance with the procedure.(4) Documents obtained by means of measures referred to in paragraph 2 shall be destroyed without delay in so far as they are not for the purposes of the order or in accordance with the criminal procedure for the prosecution of a criminal offence. or are no longer required.(5) At the end of the measures referred to in paragraph 2 (1) and (2) (b), the person against which the measure has been ordered shall be informed as soon as this is done without endangering the purpose of the measure or public security. can. 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 The public prosecutor's office makes a decision. Non-official table of contents

§ 24 Data transfer to the Federal Criminal Police Office

Bundeskriminalamt) Authorities and other public authorities may rely on the Bundeskriminalamt shall transmit personal data if there are actual indications that the transmission is necessary for the performance of the tasks of the Federal Criminal Police Office pursuant to § 5. 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. Non-official table of contents

§ 25 Processing and use of personal data

(1) The Federal Criminal Police Office may process personal data and shall use, as far as is necessary for the performance of its duties, to protect members of constitutional institutions. The transmission of the data obtained in accordance with § 5 of the tasks shall be permitted under the conditions of § § 10 and 14.(2) The data collected for the performance of the tasks in accordance with § 5 shall be deleted in files and blocked in files if they are no longer required for the purpose on which the survey is based. This does 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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§ 26 powers

(1) In order to fulfil its task pursuant to § 6, the Federal Criminal Police Office, unless this law or the Witness Protection Harmonization Act particularly regulates the powers, take the necessary measures to ensure that there is a risk in individual cases for life, health, freedom of the To prevent the closure and operation of a person or substantial 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 apply accordingly.(2) Measures taken by the Federal Criminal Police Office (Bundeskriminalamt), which shall be taken in accordance with paragraph 1, shall immediately inform the competent State Criminal Police Offices and the Public Prosecutor's Office responsible for the prosecution. After the public action has been filed, the court must immediately inform the court whether the Federal Criminal Police Office is carrying out measures under paragraph 1. If the measures are to be discontinued, the Public Prosecutor's Office should be informed.

Section 3
Common provisions

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§ 27 Prohibition of delivery and reasons for refusal

(1) The transfer under the law does not apply if
1.
can be seen for the agency that takes into account the nature of the data and its Survey the legitimate interests of the person concerned outweigh the general interest in transmission, or
2.
special federal usage regulations , the obligation to respect legal confidentiality obligations or of professional or special official secrecy which is not based on statutory provisions remains unaffected.
Sentence 1, no. 1 shall not apply to transfers to the public prosecutors.(2) The data transmission in accordance with § 14a (1) and (3) shall also be maintained if
1.
is thereby essential security interests of the federal or state governments,
2.
the transmission of the data to those referred to in Article 6 of the Treaty on European Union ,
3.
the data to be transmitted does not exist in the requested authority, and only through the use of Enforcement measures can be obtained or
4.
the transmission of the data would be disproportionate or the data for the purposes for which it is to be transmitted, not
(3) The data transmission in accordance with Section 14a (1) and (3) may also be subject to data transmission if
1.
The data to be transmitted does not exist at 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 body, life or freedom of a person, or
3.
the act to which the data is to be transmitted, is under German law with a maximum term of imprisonment of one year or less.
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§ 27a Use of data transmitted pursuant to Council Framework Decision 2006 /960/JHA

(1) Data which is Framework Decision 2006 /960/JHA transmitted to the Federal Criminal Police Office may only be used for the purposes for which it was transmitted or for the defence of a current and significant risk to public security. For a different purpose or as evidence in a judicial proceeding, they may only be used if the overruling state has consented to it. The conditions laid down for the use of the data shall be taken into account by the country in which the data is transferred.(2) The Federal Criminal Police Office shall, at the request of the competent State, provide information on the way in which the transmitted data have been used for the purposes of data protection control. Non-official table of contents

§ 28 Reconciliation of personal data with files

(1) The Federal Criminal Police Office may provide 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 purpose of carrying out these tasks, if there is reason to believe that this is necessary to fulfil a task assigned to it. is. In the course of its task, it may match the collection of personal data.(2) Legislation on the reconciliation in other cases shall remain unaffected. Non-official table of contents

§ 29 Processing and use for scientific research

(1) The Federal Criminal Police Office can do so within the framework of its tasks If it is not possible to use anonymized data for this purpose and if it is not possible to use anonymous data for this purpose, and if this is not possible for certain scientific research purposes, and if this is not possible and the public interest in the research work, the interest of the person concerned is significantly greater than that which is worthy of protection.(2) The Federal Criminal Police Office may submit personal data to universities, other institutions conducting scientific research, and public bodies, where
1.
required to perform certain scientific research is,
2.
a use of anonymized data for this purpose is not possible, and
3.
Public interest in the research work is subject to the protection worthy interest of the person concerned in the exclusion of the transmission.
(3) The transmission of the data shall be effected by providing information, if this is the purpose of the Research work can be achieved and 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 shall only be transmitted to such persons who have been particularly pledged for public service or for the public service or who have been obliged to maintain secrecy. Article 1 (2), (3) and (4) (2) of the Obligations Act shall apply to the obligation to maintain confidentiality.(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 transfer shall be determined in accordance with paragraphs 2 to 4 and shall be subject to the agreement of the body which has transmitted the data.(6) The data shall be protected against unauthorised knowledge 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. also be of importance.(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 research purpose requires this.(8) Anyone who has received personal data in accordance with paragraphs 2 to 4 may only publish this data if this is indispensable for the presentation of research results on events of the history of time and has agreed to the Federal Criminal Police Office.(9) If the recipient is a non-public body, the provisions of the Third Section of the Federal Data Protection Act shall also apply if the data are not processed in or out of files. Non-official table of contents

§ 30 Further use of data

(1) The Federal Criminal Police Office may provide personal data that are available to it. use 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 time.(2) The Federal Criminal Police Office (Bundeskriminalamt) can store personal data and use it exclusively for this purpose, if it is necessary for the administration of the case or for the temporary documentation of police action. Non-official table of contents

§ 31 Notification of the retention of personal data of children

which 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 fulfilment of the duties is no longer endangered thereby. The information may not be provided for 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. Non-official table of contents

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

(1) The Federal Criminal Police Office (Bundeskriminalamt) has the files in files to rectify stored personal data if it is incorrect.(2) The Federal Criminal Police Office shall delete the personal data stored in files if their storage is inadmissible or their knowledge for the performance of the tasks is no longer necessary. A deletion occurs when
1.
has reason to believe that the deletion is due to the Deletion of sensitive interests of an affected person would be affected,
2.
data is needed for ongoing research work or
3.
deletion due to the special nature of the storage is not possible or can only be done with disproportionate effort.
Perched data may only be transmitted for the purpose and shall be used for which the deletion is subject; they may also be transmitted and used to the extent that this is indispensable in order to remedy any existing evidence of evidence or to the person concerned consenting.(3) The Federal Criminal Police Office (Bundeskriminalamt) checks whether stored personal data are to be corrected or deleted during the case of individual case processing and according to fixed deadlines. 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. The situation is to be distinguished.(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 for the prevention and prosecution of criminal offences in accordance with § 129a, also in conjunction with Section 129b (1) of the Criminal Code.(5) The time limits shall begin on the date on which the last event occurred which resulted in the storage of the data, but not before dismissal of the person concerned from a prison institution or an end of a deprivation of liberty. -related rule of improvement and security. 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. shall be used.(6) If the Federal Criminal Police Office finds that incorrect data to be deleted or to be blocked have been transmitted, the recipient must inform the recipient of the correction, deletion or blocking if this is to protect the interests of the person concerned. is required.(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, the supplying body shall communicate the deletion 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 transmission in accordance with 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 transmitting body, submit the special examination period for the purpose of: (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. Federal Criminal Police Agency is required.(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, which bears the responsibility for data protection in accordance with section 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. Non-official table of contents

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

(1) The Federal Criminal Police Office (Bundeskriminalamt) Inaccuracy of personal data in files is to be noted in the file or to be recorded in any other way. If the data subject denies the correctness of stored data and cannot determine the correctness or the incorrectness, the data must be marked accordingly.(2) The Bundeskriminalamt has to block personal data in files if
1.
Data is inadmissible or
2.
on the occasion of a case-by-case processing, it is determined that the knowledge of the data for the performance of the Federal Criminal Police Office
theis to be destroyed if it is no longer necessary for the performance of the tasks of the Federal Criminal Police Office.(3) Destruction does not take place if
1.
reason to believe that otherwise protection is the interests of the data subject would be affected, or
2.
the data will be needed for ongoing research.
In these cases, the data will be and to provide the documents with a corresponding blocking note.(4) Personal data may only be used for the purpose for which they have been blocked or to the extent that this is indispensable in order to remedy an existing burden of proof or to avert a significant risk.(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.(6) § 32 (6) to (8) shall apply accordingly. Non-official table of contents

§ 34 Enforcement order

(1) The Federal Criminal Police Office (Bundeskriminalamt) has conducted for each of its tasks for the performance of its tasks. an automated file containing personal data in an order of establishment which requires the consent of the Federal Ministry of the Interior to be determined:
1.
Name of the file,
2.
Legal basis and purpose of the file,
3.
The group of people over which data is stored,
4.
Type of personal to be stored Data,
5.
Types of personal data that are used to develop the file
6.
Delivery or input of the data to be saved,
7.
Prerequisites, among which in the file Stored personal data to which recipients and in which method are transmitted,
8.
Testing and storage duration,
9.
Logging.
The Federal Commissioner for Data Protection is to be consulted before an order is issued.(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 the senate administrations of the countries.(3) If, in view of the urgency of the performance of the tasks, the participation of the bodies referred to in paragraphs 1 and 2 is not possible, the Federal Criminal Police Office may, in the cases referred to in paragraph 2, in agreement with the participants concerned, police information system, an immediate order. 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 immediately followed up.(4) At reasonable intervals, the need to continue or modify the files should be reviewed. Non-official table of contents

§ 35 Supplementary regulations

A person suffers in the performance of the tasks of the Federal Criminal Police Office in accordance with § § 4 to 6 damage, § § 51 to 56 of the Federal Police Act shall apply accordingly. Non-official table of contents

§ 36 Decree of administrative provisions

The Federal Government may, with the consent of the Federal Council, be responsible for implementing this Law required general administrative provisions. Non-official table of contents

§ 37 Application of the Federal Data Protection Act

In the performance of the tasks in accordance with § § 2, 3, 5 and 6 by the § 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 Federal Data Protection Act, no application. Unofficial table of contents

§ 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 of correspondence, postal and telecommunications secrecy (Article 10 of the Basic Law), the free movement of persons (Article 11 (1) of the Basic Law) and the inviolability of the apartment (Article 13 of the Basic Law) shall be restricted in accordance with the provisions of this Act.