The Federal Intelligence Service Act

Original Language Title: Gesetz über den Bundesnachrichtendienst

Read the untranslated law here: http://www.gesetze-im-internet.de/bndg/BJNR029790990.html

Law of the German Federal Intelligence Service (BND-Gesetz - BNDG) BNDG Ausfertigung date: 20.12.1990 full quotation: "BND-Gesetz of 20 December 1990 (BGBl. I S. 2954, 2979), most recently by article 7 of the law of 20 June 2013 (BGBl. I S. 1602) is changed" stand: last amended by article 7 G v. 20.6.2013 I 1602 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from) : 30.12.1990 +++) the G as article 4 G v. 20.12.1990 I 2954 of the Bundestag with the consent of the Federal Council decided. the G was announced on the 29.12.1990 and is paragraph 1 G v. 20.12.1990 I 2954 into force on the day after the announcement article 6 pursuant.

Section 1 organisation and tasks (1) of the German Federal Intelligence Service is a federal authority in the Division of the Federal Chancellery. He may be not affiliated to a Police Department.
(2) the German Federal Intelligence Service collects the required information to the acquisition of knowledge about foreign countries, that are of foreign and security policy importance for the Federal Republic of Germany, and evaluates them. For in the territorial scope of this Act information including personal data collected, so their collection, processing and use depends on the paragraphs 2 to 6 and 8 to 11.

§ 2 the required information including personal information collect powers (1) which allowed German Federal Intelligence Service, process and use where the applicable provisions of the Federal data protection act or special provisions in this law conflict, 1 to protect of its staff, facilities, items and sources against any malicious or intelligence activities, 2 for the vetting of individuals who are working or are working for him 3 for checking of message access necessary for the fulfilment of the tasks and 4 on operations abroad. , by foreign and security policy importance for the Federal Republic of Germany are, if they are to gain only on this way and no other authority is responsible for their collection.
(1a) (dropped out) (2) personal data if the data subject with his knowledge is collected, the collection purpose to specify it. The person concerned is on the voluntary nature of his information and a security check pursuant to paragraph 1 No. 2 on one service and labour law or other contractual duty to point out. Security checks is the security clearance Act of 20 April 1994 (Federal Law Gazette I p. 867) to apply.
(3) police powers or authority are not entitled to the federal intelligence service. He might request the police not in the way of official assistance to measures he is even not entitled to them.
(4) by several appropriate measures, the BND has to choose the one expected to be least affected stakeholders. A measure should bring about no disadvantage that is clearly disproportionate to the intended success.

§ 2a special request as far as this is necessary for the fulfilment of the tasks of the Federal German intelligence service according to § 1 para 2 in some cases, can overtake the German federal intelligence service information according to articles 8a and 8B of the Federal Verfassungsschutz Act. Article 8a, paragraph 2 and 2a of the Federal Verfassungsschutz Act is to apply subject to the proviso that the serious dangers that in article 3, paragraph 1, of the Federal Verfassungsschutz Act referred to protection serious hazards for that in section 5, paragraph 1, sentence 3 10-Act hazardous areas referred to shall be replaced number 1 to 4 and 6 of the article. Arrangements may depend on Article 8a, paragraph 2 and 2a of the Federal Verfassungsschutz Act only against persons, which on the basis of actual evidence of it is, that they are involved in creating or maintaining a risk, as well as against the in section 8a, paragraph 3 No. 2 of the Federal Verfassungsschutz Act designated persons. § is 8B paragraph 1 to 9 of the Federal Verfassungsschutz Act shall apply, that the Chancellor's Office takes the place of the Federal Ministry of the Interior. The fundamental right of correspondence (article 10 of the Basic Law) is limited in this respect.

§ 2 b more requests as far as this is necessary for the fulfilment of the tasks of the Federal German intelligence service pursuant to article 1, paragraph 2, may be from that businesslike provides telecommunications services or it is that requests information about the sections 95 and 111 of the Telecommunications Act collected data in accordance with article 8 d of the Federal Verfassungsschutz Act. The disclosure is to compensate according to § 8 d paragraph 5 of the Federal Verfassungsschutz Act. The fundamental right of correspondence (article 10 of the Basic Law) is restricted in accordance with 8 d paragraph 2 of the Federal Verfassungsschutz Act.

§ 3 may special forms of data collection of the Bundesnachrichtendienst secret procurement of information including personal data use means in accordance with § 8 para 2 of the Federal Verfassungsschutz Act if facts justify the assumption that this is necessary for the fulfilment of its tasks. section 9 of the Federal Verfassungsschutz Act shall apply accordingly.

§ 4 store personal data pursuant to § 10 of the Federal Verfassungsschutz Act storage, modification and use of personal data (1), which allowed federal, change and use, as far as it is necessary for the fulfilment of its tasks.
(2) the storage, modification and use of personal data by minors is only under the conditions of § 11 of the Federal Verfassungsschutz Act and can be permitted, if not excluded according to the circumstances of the case, that a danger to life or limb German nationals abroad or for German institutions abroad is out of the minors.

§ 5 to correct the personal data stored in files rectification, erasure and blocking of personal data (1) which has German Federal Intelligence Service, delete and block according to § 12 of the Federal Verfassungsschutz Act subject to the proviso that the inspection according to § 12 para 3 sentence 1 of the Federal Verfassungsschutz Act ten years period.
(2) the German Federal Intelligence Service has to correct personal data in files and disable according to section 13 of the Federal Verfassungsschutz Act.

§ 6 file orders of the German Federal Intelligence Service has to meet a file layout, which require the consent of the Federal Chancellery for each automated file of personal data according to § 14 of the Federal Verfassungsschutz Act. § 14 ABS 2 and 3 of the Federal Verfassungsschutz Act shall apply.

§ 7 information to those concerned the Bundesnachrichtendienst shall provide information on data stored to his person according to § 4 according to the data subject at the request of section 15 of the Federal Verfassungsschutz Act. The Federal Chancellor's Office takes the place of therein the Ministry of the Interior.

§ 8 transfer of information to the Bundesnachrichtendienst (1) the authorities of the Federal Government and the federal public law legal persons may by itself the BND information including personal information that has become known to them submit if actual indications, that providing 1 for his own safety according to § 2 para 1 No. 1 or 2 in the framework of its duties according to § 1 para 2 to collect information about the referred to in § 5 para 1 sentence 3 of the article 10 Act Hazardous area is required. For the Ministry of defence and the authorities of the federal armed forces, set is 1 No. 2 with the proviso that the delivery to the federal intelligence service to carry out the tasks is required according to § 1 para 2.
(2) the public prosecutor's Office and, subject to the public prosecutor thing management authority, these tasks as far as exercising police forces, the authorities of the customs investigation service, as well as other customs services, according to the Federal Police Act, which transmit them the reverie of known information, including personal information, when actual evidence that the transmission for its own backup no. 1 is required according to article 2, paragraph 1. In addition they may the BND itself leaked them information including personal information in accordance with paragraph 1 No. 2 submit.
(3) the German Federal Intelligence Service may invite each authority to transmit of the information required to carry out its tasks including personal information according to § 18 para 3 of the Federal Verfassungsschutz Act and see officially-run register according to § 18 para 4 of the Federal Verfassungsschutz Act, insofar as it is necessary for the fulfilment of its tasks. Article 17, paragraph 1, and article 18, par. 5 of the Federal Verfassungsschutz Act shall apply.
(3a) (dropped out) (4) for the transmission of personal data, which have become known, on the basis of an action according to § 100a of the criminal procedure code § 18 sec. 6 of the Federal Verfassungsschutz act according to to apply.

Article 9 provision of information by the Federal Intelligence Service
(1) of the German Federal Intelligence Service must provide information including personal information in domestic public places if this is necessary for the performance of his duties, or if the recipient requires the data for purposes of public safety. The recipient may use, as far as nothing else is determined by law, the transferred data only for the purpose, they sent him to the.
(2) for the transmission of information, including personal data in other places is to apply section 19 para 2 to 5 of the Federal Verfassungsschutz act accordingly; This transmission is allowed only pursuant to paragraph 4 of this rule, if it is necessary to safeguard foreign and security policy interests of the Federal Republic of Germany and the Federal Chancellor's Office has given its consent. Personal data transmitted by the protection of the Constitution within the meaning of § 18 para 1a sentence 1 of the Federal Verfassungsschutz Act applies to § 18 paragraph 1a sentence 2 to 4 of the Federal Verfassungsschutz act according to.
(3) the German Federal Intelligence Service transmitted information, including personal data of the public prosecutors, the police and the military Abschirmdienst according to section 20 of the Federal Verfassungsschutz Act.

common files (1) who can German Federal Intelligence Service for the duration of a temporary project-related cooperation with the constitutional authorities of the Federal and State Governments, the military Abschirmdienst, the police authorities of the Federal and State Governments and the Customs Crime Office, a common file build § 9a project. Project-related cooperation aims in accordance with the functions and powers of the authorities referred to in sentence 1 Exchange and joint analysis of findings with regard to 1 that in section 5, subsection 1, sentence 3 Nos. 1 to 3 of article 10 Act hazardous areas referred to, or 2. in section 5, subsection 1, sentence 3 No. 4 to 6 of article 10 Act hazardous areas referred to , as far as their investigation has links to international terrorism.
Personal data may be used to danger areas pursuant to sentence 2 using the common file by the authorities involved in the project-based cooperation in the framework of its powers, insofar as this is necessary in this context to the performance of their duties. For further use of personal data the regulations on the use of data each for them will for the authorities involved.
(2) the respective apply for the input of personal data in the shared file according to transfer rules in favour of the authorities participating in the cooperation with the proviso that the entry is allowed only when the data may be transmitted to all authorities participating in the project-related cooperation. Is also only permitted when the authority which has entered the data may save the data to your own files. The data are to be marked.
(3) for the management of a project-based shared file, the §§ 4 and 5 in conjunction with article 6 set 5 to 7 and § 14 para 2 of the Federal Verfassungsschutz Act shall apply mutatis mutandis. section 7 of this Act is to apply subject to the proviso that the German Federal Intelligence Service granted the information in agreement with the authority pursuant to sentence 1 has data protection responsibility and the admissibility of information according to the applicable provisions will check the participating authority.
(4) a shared file is limited to a maximum of two years referred to in paragraph 1. The time limit can twice up be extended to one year if the goal of project-based cooperation at the end of the project is still not achieved, and the file is still required for achieving the objective.
(5) the respective, applicable to the authority the amending rules on for the correction, blocking and deletion of data about a person by the authority, which has entered the data, blocking and deletion of data according to.
(6) the German Federal Intelligence Service has for the shared file in a file arrangement set the information according to § 6 in conjunction with article 14, paragraph 1, sentence 1 No. 1 to 7 of the Federal Verfassungsschutz Act and then: 1. the legal basis of the file, 2. the way to storing personal data, 3. the kinds of personal data that are used to access the file, 4. conditions under which the file transmitted stored personal data receiver and in what procedure , 5. in agreement with the authorities taking part in the project-related cooperation their respective organizational units, who are authorized to enter and retrieve 6 immediate informing of the supplying authority on evidence of the falsity of a data through to the common file involved authorities as well as the examination and, if necessary, the immediate change, correction or deletion of such data by the authority, which has entered the data in the , 7. the possibility of complementary input of more data to the data already about a person by the authorities involved in the shared file, 8 the logging of the time, the data to the identification of the requested record and the responsible for the polling authority on each fetch from the shared file by the Federal Intelligence Service for purposes of data protection supervision including the purpose of the log data, as well as the deletion period and 9 the jurisdiction of the Federal German intelligence service for claims for damages of the data subject according to article 8 of the Federal Data Protection Act.
The file arrangement requires the approval of the Federal Chancellery, as well as for the technical supervision of the cooperating authorities of competent Supreme Federal or State authorities. The Federal Commissioner for data protection and freedom of information is an order of file to listen to. § 14 para 3 first half-sentence of the Federal Verfassungsschutz Act shall apply mutatis mutandis.

§ 10 rules of procedure for the submission of information for the transmission of information according to §§ 8 and 9 are the sections 23 to 26 of the Federal Verfassungsschutz Act apply mutatis mutandis.

Article 11 validity of the Federal data protection act in the performance of the tasks of the Federal German intelligence service find § 3 par. 2 and 8 sentence 1, § 4 par. 2 and 3, paragraphs 4 b and 4 c, sections 10 and 13 to 20 of the Federal Data Protection Act No application.

§ Teaches 12 reporting obligation of the German federal intelligence service the Federal Chancellor's Office about his activities. The findings from his occupation he informed the federal ministries in addition also directly within their jurisdiction; Here, the transmission of personal data is allowed.