The Federal Intelligence Service Act

Original Language Title: Gesetz über den Bundesnachrichtendienst

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Federal Intelligence Service Act (BND Law BNDG)

Non-official table of contents

BNDG

Date of issue: 20.12.1990

Full quote:

" BND law of 20. December 1990 (BGBl. 2954, 2979), which was last amended by Article 7 of the Law of 20 June 2003. June 2013 (BGBl. I p. 1602) "

:Last modified by Art. 7 G v. 20.6.2013 I 1602

See Notes

Footnote

(+ + + Text Evidence: 30.12.1990 + + +) 

For details on how to stand.
The G has been as Art. 4 G v. 20.12.1990 I 2954 approved by the Bundestag with the consent of the Bundesrat; the G was announced on 29.12.1990 and is in accordance with. Art. 6 (1) G v. 20.12.1990 I 2954 entered into force on the day after the proclamation. Non-official table of contents

§ 1 Organization and tasks

(1) The Federal Intelligence Service is a federal authority in the business area of the Chancellor's Office. It must not be affiliated to a police service.(2) The Federal Intelligence Service collects the necessary information and evaluates it in order to obtain information about foreign and security policy significance for the Federal Republic of Germany. 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. Non-official table of contents

§ 2 powers

(1) The federal intelligence service may provide the necessary information, including personal Collect, process and use data to the extent that the applicable provisions of the Federal Data Protection Act or special regulations in this law are not contrary to the law,
1.
to protect its employees, facilities, objects, and sources against security threats, or intelligence activities,
2.
for the security clearance of persons who are working or intended to act for him,
3.
to check the message accesses required for task performance and
4.
about operations in the Abroad, which are of foreign and security policy importance to the Federal Republic of Germany, if they are to be obtained only in this way and no other authority is responsible for their survey.
(1) (2) Becce a Personal data collected by the person concerned with his or her knowledge shall be indicated for the purpose of the survey. 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. I p. 867).(3) Police powers or powers of authority shall not be the subject of the Bundesnachrichtendienst. He may also not ask the police, by means of mutual assistance, for measures to which he himself is not authorized.(4) A number of appropriate measures shall be taken by the Federal Intelligence Service (Bundesnachrichtendienst), which is likely to have the least adverse effect on the person concerned. A measure must not bring about a disadvantage, which is discernable in relation to the intended success. Non-official table of contents

§ 2a Special requests for information

To the extent that this is required for the performance of the tasks of the Federal Intelligence Service in accordance with § 1 (2) of the The Federal Intelligence Service may request information in accordance with § § 8a and 8b of the Federal Constitutional Protection Act. § 8a (2) and (2a) of the German Federal Constitutional Protection Act (Bundesverfassungsschutzgesetz) is to be applied with the proviso that the serious risks to the protection goods referred to in § 3 (1) of the Federal Constitutional Protection Act are seriously dangerous to the 5 (1) sentence 3 (1) to (4) and (6) of Article 10-Law. Orders in accordance with Section 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. Non-official table of contents

§ 2b More information requests

To the extent that this is required for the performance of the tasks of the Federal Intelligence Service pursuant to § 1 paragraph 2 is required to provide information on the data collected in accordance with § § 95 and 111 of the Telecommunications Act in accordance with § 8d of the German Telecommunications Act (Telecommunications Act) by the person who provides or participates in the business of telecommunications services. Federal Constitution 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. Non-official table of contents

§ 3 Special forms of data collection

The Federal Intelligence Service may provide information on the secretive procurement of information , including personal data, shall apply the funds in accordance with Section 8 (2) of the Federal Constitutional Protection Act, if facts justify the assumption that this is necessary for the performance of its tasks. § 9 of the Federal Constitutional Protection Act must be applied accordingly. Non-official table of contents

§ 4 Storage, modification and use of personal data

(1) The Federal Intelligence Service may Save, modify and use data in accordance with § 10 of the Federal Constitutional Protection Act to the extent that it is necessary for the performance of its tasks.(2) The storage, modification and use of personal data concerning minors is only permissible under the conditions of § 11 of the Federal Constitutional Protection Act and then if, according to the circumstances of the individual case, it is not excluded It is possible for the minor to run out of danger for the life of German nationals abroad or for German institutions abroad. Non-official table of contents

§ 5 Correction, deletion and blocking of personal data

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

§ 6 File arrangements

The Federal Intelligence Service has a personal data file for each automated file. 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. Non-official table of contents

§ 7 Information to the person concerned

The Federal Intelligence Service provides the person concerned with information on his/her request for information on his/her Person according to § 4 stored data according to § 15 of the Federal Constitutional Protection Act. The Federal Chancellery is replaced by the Federal Ministry of the Interior, which is named there. Non-official table of contents

§ 8 Transfer of information to the Federal Intelligence Service

(1) The federal government and the federal authorities legal persons under public law may submit to the Federal Intelligence Service the information which has become known to them, including personal data, if there is any real evidence that the information provided by the Transmission
1.
for its own backup according to § 2 para. 1 no. 1 or
2.
within the scope of its tasks according to § 1 paragraph 2 to the collection of information on the danger areas mentioned in § 5 para. 1 sentence 3 of article 10-law
required. The Federal Ministry of Defence and the services of the Bundeswehr (Bundeswehr) are subject to sentence 1 no. 2, with the proviso that the transmission to the Federal Intelligence Service is required for the performance of the tasks in accordance with § 1 (2).(2) The Public Prosecutor's Office and, subject to the State attorney's authority, the police officers, the authorities of the Customs Service and other customs services, in so far as these tasks are carried out in accordance with the Federal Police Act, shall transmit to the Federal Intelligence Service the information which has become known to them, including personal data, if there are actual indications that the transmission for its own security pursuant to Article 2 (1) (1) (1) is required. In addition, they may transmit 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) According to Article 18 (3) of the Federal Constitutional Protection Act, the Federal Intelligence Service may ask any authority for the transmission of the information required for the performance of its tasks, including personal data, and in accordance with section 18 (4) of the Federal Constitutional Protection Act. of the Federal Constitutional Protection Act, in so far as it is necessary for the performance of its tasks. § 17 (1) and § 18 (5) of the Federal Constitutional Protection Act are to be applied.
(3a)
(omitted)
(4) For the transfer of personal data, which has become known as a result of a measure pursuant to § 100a of the Code of Criminal Procedure, § 18 (6) of the Federal Constitutional Protection Act to be applied accordingly. Non-official table of contents

§ 9 Transfer of information by the Federal Intelligence Service

(1) The Federal Intelligence Service (Bundesnachrichtendienst) may provide information , including personal data, to domestic public authorities where this is necessary for the performance of its tasks or where the recipient requires the data for public safety purposes. The recipient may only use the data transmitted, unless otherwise provided for by law, for the purpose for which it was transmitted to him.(2) § 19 (2) to (5) of the Federal Constitutional Protection Act shall apply mutas to the transmission of information, including personal data, to other bodies; the transmission in accordance with paragraph 4 of this provision shall only be permitted, if it is required for the protection of the foreign and security policy of the Federal Republic of Germany and if the Federal Chancellery has given its consent. For the purposes of § 18 (1a) sentence 1 of the German Federal Constitutional Protection Act, personal data transmitted by the German Federal Constitutional Protection Act (Bundesverfassungsschutzgesetz) shall apply in accordance with Section 18 (1a) sentences 2 to 4 of the Federal Constitutional Protection Act.(3) The Federal Intelligence Service shall transmit information, including personal data, to the Public Prosecutor's Office, the Police and the Military shielding service in accordance with Section 20 of the Federal Constitutional Protection Act. Non-official table of contents

§ 9a Project-related shared files

(1) The Federal Intelligence Service may be a member of the Federal Intelligence Service for the duration of a temporary project-related cooperation with the federal and state constitutional authorities, the Military Shielding Service, the federal and state police authorities and the Customs Crime Office to establish a joint 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 regard to
1.
the danger areas referred to in § 5 (1) sentence 3 nos. 1 to 3 of article 10 or
2.
the areas of danger referred to in § 5 (1) sentence 3 (4) to (6) of the Article 10 Act, to the extent that their information is related 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 project-related cooperation, within the limits of their powers, in so far as this is not the case. is necessary for the performance of its tasks. 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, § § 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 Exchange of information in accordance with the provisions applicable to them.(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 erasure of the data relating to a person by the authority which entered the data, the relevant provisions applicable to the Authority concerning the rectification, blocking and erasure of data shall apply accordingly.(6) The Federal Intelligence Service shall specify the data in accordance with § 6 in connection with § 14 (1) sentence 1 no. 1 to 7 of the Federal Constitutional Protection Act and further for the joint file in a file arrangement:
1.
the legal base of the file,
2.
the nature of the personal data to be stored,
3.
the types of personal data that the Access to the file,
4.
Requirements under which personal data stored in the file is transmitted to which recipients and in what procedure ,
5.
in agreement with the authorities participating in the project-related cooperation, their respective organisational units, which are to be entered and accessed
6.
the information provided by the issuing authority on the basis of evidence of the inaccuracy of data entered in the common file the authorities involved, and the verification and, if necessary, the immediate modification, correction or deletion of such data by the authority which entered the data
7.
the ability to add additional data to the data already stored by a person through the authorities involved in the file,
8.
logging of the point in time, the information to determine the called record, and the authority responsible for the retrieval from the shared file every time it is retrieved by the Federal Intelligence Service (Bundesnachrichtendienst) for the purposes of data protection control, including the purpose of the protocol data and its deletion period and
9.
The Federal Intelligence Service (Bundesnachrichtendienst) for damages claims of the person concerned in accordance with § 8 of the German Federal Data Protection Act.
The file arrangement requires the consent of the Federal Chancellery and the authorities responsible for the technical supervision of the cooperating authorities competent top federal or state 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. Non-official table of contents

§ 10 Rules of procedure for the transmission of information

For the transmission of information according to § § 8 and 9 § § 23 to 26 of the Federal Constitutional Protection Act apply accordingly. Non-official table of contents

§ 11 Validate of the Federal Data Protection Act

In the performance of the tasks of the Federal Intelligence Service (Bundesnachrichtendienst), § 3 (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 no application. Non-official 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 permissible.