Law on the Federal Intelligence Service (BND-Gesetz-BNDG)

Unofficial table of contents

BNDG

Date of completion: 20.12.1990

Full quote:

" BND Law of 20 December 1990 (BGBl. 2954, 2979), as last amended by Article 7 of the Law of 20 June 2013 (BGBl I). 1602). "

Status:

Last amended by Art. 7 G v. 20.6.2013 I 1602

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 30.12.1990 + + +)   

The G was decided as Art. 4 G v. 20.12.1990 I 2954 of the Bundestag with the consent of the Bundesrat; the G was announced on 29.12.1990 and is gem. Article 6 (1) G v. 20.12.1990 I 2954 entered into force on the day after the proclamation. Unofficial table of contents

§ 1 Organization and tasks

(1) The Bundesnachrichtendienst (Federal Intelligence Service) is a federal authority in the Federal Chancellery's business unit. A police service must not be affiliated to it. (2) The Federal Intelligence Service gathers information on foreign and security policy significance for the Federal Republic of Germany, which is of foreign and security policy importance. information and evaluates it. If information, including personal data, is collected within the scope of this Act, its collection, processing and use shall be governed by the provisions of Sections 2 to 6 and 8 to 11. Unofficial table of contents

§ 2 Powers

(1) The Federal Intelligence Service may collect, process and use the necessary information, including personal data, insofar as the applicable provisions of the Federal Data Protection Act or special regulations in this the law,

1.

for the protection of its staff, facilities, objects and sources against security threats or intelligence activities,

2.

for the security clearance of persons who are or are to act for him,

3.

for the verification of the news access necessary for the performance of the tasks, and

4.

on operations abroad, which are of foreign and security importance to the Federal Republic of Germany, if they are to be obtained only in this way and that no other authority is responsible for their collection.

(1a) (omitted) (2) Where personal data are collected by the person concerned with his knowledge, the purpose of the survey shall be indicated. The person concerned shall be informed of the voluntary nature of his/her information and of a security check referred to in paragraph 1 (2) in respect of a service and employment law or other contractual obligation to co-act. In the case of security checks, the Security Examination Act of 20 April 1994 (BGBl. (3) The Bundesnachrichtendienst (Bundesnachrichtendienst) is not responsible for police powers or powers of authority. He may also not ask the police, by means of mutual assistance, for measures to which he himself is not authorized. (4) The Bundesnachrichtendienst (Bundesnachrichtendienst) has to choose from a number of appropriate measures the one likely to have the least impaired. A measure must not bring about a disadvantage, which is discernable in relation to the intended success. Unofficial table of contents

§ 2a Special requests for information

Insofar as this is necessary for the performance of the tasks of the Federal Intelligence Service in accordance with § 1 para. 2 in individual cases, the Federal Intelligence Service may request information in accordance with § § 8a and 8b of the Federal Constitutional Protection Act. Article 8a (2) and (2a) of the German Federal Constitutional Protection Act (Bundesverfassungsschutzgesetz) is to be applied with the proviso that the serious risks for the protected goods referred to in § 3 (1) of the Federal Constitutional Protection Act are seriously dangerous to the persons referred to in Article 3 (1) of § 5 (1), third sentence, points 1 to 4 and 6 of the Article 10 Act shall occur. Orders pursuant to § 8a (2) and (2a) of the Federal Constitutional Protection Act may only be directed against persons who, on the basis of actual evidence, can assume that they are in the process of creating or maintaining such a danger , as well as against the persons referred to in Article 8a (3) (2) of the Federal Constitutional Protection Act. § 8b (1) to (9) of the Federal Constitutional Protection Act (Bundesverfassungsschutzgesetz) shall apply with the proviso that the Federal Chancellery shall be replaced by the Federal Ministry of the Interior. The fundamental right of telecommunications secrecy (Article 10 of the Basic Law) is restricted to this extent. Unofficial table of contents

§ 2b Further information requirements

Insofar as this is necessary for the performance of the tasks of the Federal Intelligence Service in accordance with § 1 paragraph 2, information on the pursuant to § § 95 and 111 of the German Federal Intelligence Service may be provided by the person who provides business telecommunication services or participates in it. In accordance with § 8d of the German Federal Constitutional Protection Act (Bundesverfassungsschutzgesetz). The exchange of information is to be compensated in accordance with Section 8d (5) of the Federal Constitutional Protection Act. The fundamental right of telecommunications secrecy (Article 10 of the Basic Law) is restricted in accordance with Section 8d (2) of the German Federal Constitutional Protection Act. Unofficial table of contents

§ 3 Special forms of data collection

The Federal Intelligence Service may apply the funds pursuant to Section 8 (2) of the Federal Constitutional Protection Act for the secretive procurement of information, including personal data, if the facts justify the assumption that this is the case. It is necessary to carry out its tasks. § 9 of the Federal Constitutional Protection Act must be applied accordingly. Unofficial table of contents

§ 4 Storage, modification and use of personal data

(1) The Federal Intelligence Service may store, modify and use personal data according to § 10 of the Federal Constitutional Protection Act to the extent that it is necessary for the performance of its tasks. (2) The storage, change and use personal data relating to minors is only permitted under the conditions laid down in § 11 of the Federal Constitutional Protection Act, and if, in the circumstances of the individual case, it cannot be ruled out that the minor should be subject to a Danger for the body or life of German nationals abroad or for German citizens Institutions abroad. Unofficial table of contents

§ 5 Correction, deletion and blocking of personal data

(1) The Federal Intelligence Service shall correct, delete and block the personal data stored in files in accordance with § 12 of the Federal Constitutional Protection Act, subject to the provision that the test period shall be subject to the provisions of Section 12 (3) sentence 1 of the Federal Constitutional Protection Act (Bundesnachrichtenschutzgesetz). Federal Constitutional Protection Act is ten years. (2) The Federal Intelligence Service has to correct and block personal data in files in accordance with § 13 of the German Federal Constitutional Protection Act. Unofficial table of contents

§ 6 File arrangements

For each automated file with personal data, the Federal Intelligence Service has to make a file arrangement according to § 14 of the Federal Constitutional Protection Act, which requires the approval of the Federal Chancellery. § 14 Abs 2 and 3 of the Federal Constitutional Protection Act shall apply. Unofficial table of contents

§ 7 Information to the person concerned

Upon request, the Federal Intelligence Service shall provide the data subject with information on data stored in accordance with § 4 of the Federal Constitutional Protection Act (Bundesverfassungsschutzgesetz). The Federal Chancellery is replaced by the Federal Ministry of the Interior, which is named there. Unofficial table of contents

§ 8 Transmission of information to the Federal Intelligence Service

(1) The federal and federal authorities of public law may submit to the Federal Intelligence Service the information which has become known to them, including personal data, if: there are actual indications that the transmission

1.

for his own security pursuant to § 2 para. 1 no. 1 or

2.

within the scope of its tasks pursuant to § 1 (2) for the collection of information on the danger areas referred to in Article 5 (1) sentence 3 of the Article 10 Act

is required. The Federal Ministry of Defence and the Federal Armed Forces ' services are subject to the provisions of the first sentence of 1 (2), provided that the transmission to the Federal Intelligence Service is required for the performance of the tasks referred to in § 1 (2). (2) The Public prosecutors and, subject to the state administration, the police, the authorities of the customs service and other customs services, insofar as these tasks are carried out in accordance with the Federal Police Act, transmit to the Federal Intelligence Service from the information they have made known to them , including personal data, if there are actual indications that the transmission is necessary for its own security pursuant to § 2 para. 1 no. 1. In addition, they may submit to the Federal Intelligence Service the information which has become known to them, including personal data, in accordance with the provisions of paragraph 1 (2). (3) The Federal Intelligence Service may, in accordance with section 18 (3) of the Federal Constitution Protection Act (Bundesverfassungsschutzgesetz) to request the transmission of the information required for the performance of its tasks, including personal data, and to officially run pursuant to Section 18 (4) of the Federal Constitutional Protection Act Register, where necessary for the performance of its tasks. § 17 (1) and § 18 (5) of the Federal Constitutional Protection Act are to be applied.

(3a)

(dropped)

(4) § 18 (6) of the Federal Constitutional Protection Act shall be applied accordingly for the transfer of personal data, which have become known as a result of a measure pursuant to § 100a of the Code of Criminal Procedure. Unofficial table of contents

§ 9 Transmission of information by the Federal Intelligence Service

(1) The Federal Intelligence Service may transmit information, including personal data, to domestic public authorities where this is necessary for the performance of its tasks or if the recipient is responsible for the data for the purposes of the public security. The recipient may only use the data transmitted, unless otherwise provided by law, for the purpose for which it was transmitted to him. (2) For the transmission of information including personal data to other entities § 19 (2) to (5) of the Federal Constitutional Protection Act must be applied accordingly; in this case, the transmission pursuant to paragraph 4 of this provision is only admissible if it is to protect the foreign and security policy interests of the Federal Republic of Germany is required and the Federal Chancellery has given its consent. For the purposes of Article 18 (1a) sentence 1 of the German Federal Constitutional Protection Act, personal data transmitted by the German Federal Constitutional Protection Act (§ 18 (1a) sentence 2 to 4 of the German Federal Constitutional Protection Act (Bundesverfassungsschutzgesetz)) shall apply mutatily. (3) The Federal Intelligence Service shall be forwarded Information including personal data to the Public Prosecutor's Office, the Police and the Military shielding service in accordance with § 20 of the German Federal Constitutional Protection Act. Unofficial table of contents

§ 9a Project-related joint files

(1) The Federal Intelligence Service may for the duration of a temporary project-related cooperation with the federal and state constitutional authorities, the Military Shielding Service, the Police Authorities of the Federal Government and the Länder and the Federal Government. Customs-related criminal office building 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 findings with a view to:

1.

the areas of danger referred to in Article 5 (1) sentence 3 (1) to (3) of Article 10 of the Law; or

2.

the areas of danger referred to in Article 5 (1) (3) (4) to (6) of Article 10 (6), in so far as the information is provided with references to international terrorism.

Personal data relating to the danger areas referred to in the second sentence may be used, using the common file, by the authorities involved in the project-related cooperation, within the limits of their powers, in so far as this is not the case in this context. is required to carry out its tasks. In the case of further use of the personal data, the relevant provisions concerning the use of data shall be used for the authorities concerned. (2) For the input of personal data in the joint file, the following shall apply. in accordance with the relevant transmission rules in favour of the authorities involved in the cooperation, with the proviso that the entry is only admissible if the data are transmitted to all the authorities participating in the project-related cooperation shall be allowed. An input is also allowed only if the authority that entered the data is allowed to store the data in its own files. The data must be marked. (3) For the management of a project-related joint file, § § 4 and 5 in conjunction with § 6 sentence 5 to 7 and § 14 para. 2 of the Federal Constitutional Protection Act shall apply accordingly. § 7 of this Act must be applied with the proviso that the Federal Intelligence Service shall provide the information in agreement with the Authority, which bears the responsibility for data protection under the first sentence, and that the competent authority concerned the admissibility of the (4) A common file referred to in paragraph 1 shall be limited to a maximum period of two years. The deadline may be extended twice by up to one year in each case if the objective of project-related cooperation has not yet been achieved at the end of the project and the file is still required for the attainment of the objective. (5) For the Correction, blocking and erasure of the data relating to a person by the authority which entered the data shall be subject to the relevant provisions applicable to the Authority for the correction, blocking and erasure of data accordingly. (6) The Federal Intelligence Service has provided information for the common file in a file arrangement § 6 in conjunction with Section 14 (1) sentence 1 No. 1 to 7 of the Federal Constitutional Protection Act as well as further to determine:

1.

the legal basis of the file,

2.

the nature of the personal data to be stored,

3.

the types of personal data used to access the file,

4.

conditions under which personal data stored in the file are transmitted to which recipients and in what procedure,

5.

in agreement with the authorities participating in the project-related cooperation, their respective organisational units, authorised to enter and retrieve them,

6.

the prompt notification to the issuing authority of evidence of the inaccuracy of data entered by the authorities involved in the joint file, and the examination and, if necessary, the immediate amendment, rectification or Deletion of this data by the authority that entered the data,

7.

the possibility of further entering further data on the data already stored on a person by the authorities involved in the joint file,

8.

the logging of the point in time, the information on the determination of the recorded data record as well as the authority responsible for the retrieval from the joint file by the Federal Intelligence Service for the purposes of data protection control including the purpose of the protocol data and its deletion period, and

9.

The responsibility of the Federal Intelligence Service for claims for damages of the person concerned in accordance with § 8 of the German Federal Data Protection Act.

The file arrangement requires the approval of the Federal Chancellery and the top federal or state authorities responsible for the technical supervision of the cooperating authorities. The Federal Commissioner for Data Protection and Freedom of Information is to be heard before the adoption of a file arrangement. Section 14 (3) of the first half sentence of the Federal Constitutional Protection Act applies accordingly. Unofficial table of contents

Section 10 Rules of procedure for the transmission of information

§ § 23 to 26 of the Federal Constitutional Protection Act must be applied accordingly for the transmission of information according to § § 8 and 9. Unofficial table of contents

§ 11 Validate of the Federal Data Protection Act

§ 3 para. 2 and 8 sentence 1, § 4 para. 2 and 3, § § 4b and 4c as well as § § 10 and 13 to 20 of the Federal Data Protection Act do not apply in the performance of the tasks of the Federal Intelligence Service. Unofficial table of contents

§ 12 Reporting obligation

The Federal Intelligence Service shall inform the Federal Chancellery of its activities. In addition, he also directly informs the Federal Ministries about the findings of his activities, within the limits of their responsibilities, and the transfer of personal data is also admissible.