Law On The Cooperation Of The Federal And State Governments In Matters Of The Protection Of The Constitution And The Federal Office For Constitutional Protection

Original Language Title: Gesetz über die Zusammenarbeit des Bundes und der Länder in Angelegenheiten des Verfassungsschutzes und über das Bundesamt für Verfassungsschutz

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Read the untranslated law here: http://www.gesetze-im-internet.de/bverfschg/BJNR029700990.html

Law on the cooperation of the Federal and State Governments in matters of the protection of the Constitution and the Federal Office for protection of the Constitution (Verfassungsschutz federal law - BVerfSchG) BVerfSchG Ausfertigung date: 20.12.1990 full quotation: "Federal Verfassungsschutz Act of 20 December 1990 (BGBl. I S. 2954, 2970), most recently by article 6 of the law of 20 June 2013 (BGBl. I S. 1602) is changed" stand: last amended by art. 6 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 2 of the 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.
The first section collaboration, tasks of Constitution protection authorities § 1 cooperation obligations (1) the protection of the Constitution protects the free democratic basic order, the inventory and the security of the Federal and State Governments.
(2) the Federal Government and the States are required to cooperate in matters of the protection of the Constitution.
(3) cooperation is also to mutual support and assistance.

Article 2 constitutional protection authorities (1) for the cooperation of the Federal Government with the countries maintains the Federal a Federal Office for the protection of the Constitution as a federal authority. It is the Federal Ministry of the Interior. The Federal Office for constitutional protection may not be affiliated to a Police Department.
(2) for the cooperation of the countries with the Federal Government and among countries, each country maintains an authority for the processing of matters of the protection of the Constitution.

§ 3 duties of the constitutional protection authorities is (1) task of constitutional protection authorities of the Federal and State Governments which are collection and analysis of information, in particular by appropriate and personal information, messages and documents through 1 efforts against the free democratic basic order, the inventory or the security of the Federation or a land or have illegal impairment of the performance of official duties of the constitutional organs of the Federal Government or a country or its members to the goals , 2 malicious or intelligence activities within the scope of this law for a foreign power, 3. efforts in the area of application of this Act, the acts established by application of violence or on Foreign Affairs of the Federal Republic of Germany endanger, 4. efforts in the area of application of this Act, against the idea of international understanding (article 9 para 2 of the Basic Law), in particular against the peaceful coexistence of the peoples (article 26 para 1 of the Basic Law) are addressed.
(2) the constitutional authorities of the Federal and State governments work with 1 in the vetting of persons entrusted to proprietary facts, objects or knowledge in the public interest, which should get access to them or it can get, 2 the security check by persons who are employed or to be 3 for technical security measures for the protection of public interest in non-disclosure need facts to security-sensitive areas of life - or defense-major facilities , Objects or knowledge against the information by unauthorized persons, 4. the review of people in other legally specific cases.
The powers of the Federal Office for protection of the Constitution the participation pursuant to sentence 1 No. are 1, 2, and 4 in the security review law of 20 April 1994 (Federal Law Gazette I p. 867) regulated.
(3) the authorities of protection of the Constitution are bound by the General rules of the law (article 20 of the Basic Law).

Section 4 definitions (1) for the purposes of this Act are a) efforts against the existence of the Federation or a land such politically specific, targeted and purposeful behaviour in one or for a person combinations, which is directed to pick up the freedom of the Federation or a land from foreign rule, to eliminate their State unit or disconnect an area belonging to him;
(b) efforts against the security of the Federation or a land such politically specific, targeted and purposeful behaviour in one or for a person combinations, which is directed to substantially affect the Federal Government, countries or their institutions in their functioning;
(c) ambitions against the free, democratic basic order such politically specific, targeted and purposeful behaviour in one or for a person combinations, which is designed to eliminate one of the constitutional principles referred to in paragraph 2 or be put out of scope.
For a combination of the person is, who strongly supported him in his efforts. The collection and analysis of information within the meaning of § 3 para 1 requires the existence of actual evidence. Behaviors of individuals, not in a or for an Associations Act, are efforts within the meaning of this Act when they are focused on use of force or are suitable due to their action to damage a protective gut of this law significantly.
(2) the free democratic basic order within the meaning of this Act include: a) the right of the people, State power in elections and referendums and by special bodies of legislation, to exercise the Executive power and the case-law, and to choose the representatives of the people General, direct, free, equal and secret suffrage, b) the binding of the legislation to the constitutional order and the binding of the Executive power and the case-law on law and justice , c) the right to education and exercise of parliamentary opposition, d) the Ablösbarkeit of the Government and its accountability to the representatives of the people, e) the independence of the courts, f) the exclusion of any violence and tyranny, and g) the human rights specified in the basic law.

Section 5 responsibilities of constitutional protection authorities (1) the State authorities for protection of the Constitution gather information, information, news and documents relating to the performance of their duties, they evaluate and submitting the Federal Office for protection of the Constitution and the State authorities for the protection of the Constitution, as far as it for the fulfilment of their tasks is required.
(2) the Federal Office for constitutional protection may collect information, information, news and documents within the meaning of § 3 in a country in consultation with the national authority for protection of the Constitution. Efforts and activities within the meaning of § 3 para 1 No. 1 to 4 is the precondition that 1 they are wholly or partly against the Federal, they span 2. the area of a country, they touch 3. Foreign Affairs of the Federal Republic of Germany or 4 a national authority for protection of the Constitution calls on the Federal Office for protection of the Constitution to act.
Behaviour can be made for a number of our cases.
(3) the Federal Office for constitutional protection informed the State authorities for the protection of all documents, knowledge of which is necessary for the country for the purpose of the protection of the Constitution.

Section 6 mandates mutual disclosure of intelligence that are intelligence to lead common files which use them in the automated procedures at the Federal Office for constitutional protection to comply with the notification obligations pursuant to section 5. These files contain only the data that is required to find the files and the necessary identification of persons. The storage of personal data is permitted only under the conditions of § § 10 and 11. The polling in the automated process of other bodies is not permitted. A storing place in terms of the General regulations of the data protection law is responsible each Constitution protection authority only for the data entered by you; only she can change this data, lock, or delete. The supplying authority must be determined. The Federal Office for constitutional protection for the common files meets the technical and organisational measures according to § 9 of the Federal Data Protection Act. The leadership of text files, or files that more than contain the data referred to in sentence 2, under the conditions of this paragraph is allowed only for narrow areas of application to the elucidation of endangering security or intelligence activities for a foreign power, right-wing extremist efforts or efforts that are directed to use force or to prepare for violence. The access permission is to people, directly involved with work in this field of application; It is the necessity of inclusion of text additions in the file in the file order (§ 14).

Instructions rights of the Federal Government that Federal Government can, if an attack on the constitutional order of the Federal Government, the Supreme Land authorities for the cooperation among the countries with the Federal Government in the field of the protection of the Constitution give necessary instructions to § 7.
Second section Swiss Federal Office for protection of the Constitution section 8 powers of the Federal Office for constitutional protection
(1) the Federal Office may for constitutional protection collect the information necessary for the performance of his duties including personal data, process and use, where the applicable provisions of the Federal data protection act or special provisions in this law conflict. A request of the Federal Office for protection of the Constitution to transfer of personal data must contain only those personal data that are essential for providing the information. Protect interests of the person concerned must be impaired only in inevitable scope.
(2) the Federal Office for constitutional protection should apply methods, objects and instruments for obtaining secret information, such as the use of stewards and referees, observation, image and sound recordings, camouflage papers and camouflage flag. These are to name which regulates also the responsibility for the arrangement of such information procurement in a service provision. The regulation requires the consent of the Federal Ministry of the Interior, who teaches the parliamentary supervisory body.
(3) police powers or authority are not entitled to the Federal Office for constitutional protection; It might request the police not in the way of official assistance to measures's is not even entitled to those.
(4) be collected personal data if the data subject with his knowledge, is to specify the collection purpose. The person concerned is pointing to the voluntariness of his information.
(5) by several appropriate measures, the Federal Office for protection of the Constitution 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.

§ 8a special request (1) the Federal Office for constitutional protection may in some cases those who provide Teleservices businesslike or participate, obtain information about data, that have been stored, so far as is necessary in the collection and analysis of information and actual indications of serious dangers for the protection referred to in article 3, paragraph 1 for the establishment, content, change or termination of a contract of tele-services (inventory data).
(2) the Federal Office for constitutional protection may obtain information in individual cases from 1st air carriers and operators of computer reservation systems and global distribution systems for flights to names and addresses of the customers, as well as access to and the circumstances of transport services, in particular at the time of check-in and departure and the way of booking, 2 banks, financial services institutions and financial enterprise accounts, Schilling and other legitimate, as well as other payment transactions involved and money movements and investments , in particular about balance and payments, and outputs, 3. (dropped out) provide 4 those businesslike telecommunications services or participate, traffic data according to article 96, paragraph 1 No. 1 to 4 of the Telecommunications Act and other building and maintaining telecommunications necessary traffic and 5 provide those, the businesslike tele services or participate, to a) characteristics for identification of the user of a Teleservice, b) data about start and end dates, as well as about the extent of their use and c) information about the user claim made tele-services, insofar as this is necessary for the collection and analysis of information and facts the adoption justify, that there are serious dangers for the protection referred to in article 3, paragraph 1. In the case of § 3 para 1 No. 1 applies to apply this only to efforts which have as their object or are suitable due to their mode of action, to stir up 1 to hatred or arbitrary measures against parts of the population or attacking their dignity by abuse, malicious despicable make or defame and to encourage the willingness to use force and to disturb the public peace or 2. violence or to prepare , including the advocate, cause or support violence, also by supporting associations, cause the attacks against persons or things, endorse or threaten to.
(2a) as far as is necessary in the collection and analysis of information and facts justify the assumption that there are serious dangers for the protection referred to in article 3, paragraph 1, the Federal Office for protection of the Constitution in the case may request the federal Central tax office with the credit institutions that in section 93 b of paragraph 1 of the tax code to call to retrieve data. Article 93 paragraph 9 of the tax code shall not apply.
(3) orders must follow 2 and 2a paragraphs only against persons, where 1 actual evidence, that they strongly promote the serious dangers 2 or 2a under the preceding paragraphs, or to accept 2. on the basis of certain facts is a) information referred to in paragraph 2 sentence 1 No. 1, 2 and 5 as well as referred to in paragraph 2 a, that they take the power for a person referred to in point 1 in claim , or b) information referred to in paragraph 2 sentence 1 No. 4, that certain for a person referred to in point 1 or her resulting messages accept or pass, or that a person uses their connection to number 1.
(4) to (9) (dropped out) footnote (+++ to the application see Section 4a MADG (F. 2007-01-05) +++) § 8B procedural rules on special request for information pursuant to § 8a are (1) orders paragraph 2 and 2a by the Chief Executive or requested its representative; the request is in writing and justified. The Federal Ministry of the Interior is responsible for the arrangements. The arrangement of information about future accumulating data is limited to a maximum of three months. The extension of this arrangement by not more than three months is allowed upon request, as far as the requirements on the arrangement. On the arrangement of the extension, the rates are 1 and 2 application.
(2) orders according to Article 8a, paragraph 2 and 2a the Federal Ministry of the Interior informed monthly the G 10 Commission (§ 1 paragraph 2 of article 10 Act) prior to their implementation. At the imminent danger it may order the execution of the Ordinance already before informing the G 10 Commission. The permissibility and necessity of obtaining information the G 10 Commission checks on its own initiative or on the basis of complaints. § 15 paragraph 5 of article 10 Act is with the proviso as to apply that the investigative powers of the Commission extends to the entire collection, processing and use of personal data according to Article 8a, paragraph 2 and 2a. The Federal Ministry of the Interior has decisions regarding information which the G 10 Commission declared inadmissible or not necessary, to repeal immediately. The data in this case is subject to an absolute ban on the use and to delete immediately. For the processing of the data collected under Article 8a, paragraph 2 and 2a, § 4 of the articles is 10-act accordingly to apply.
(3) the Federal Ministry of the Interior informed the parliamentary control Committee about arrangements at a distance of no more than six months according to Article 8a, paragraph 2 and 2a; This is in particular an overview of cause, scope, duration, to give results and costs of the measures carried out in the reporting period. The Panel shall the German Parliament annually a report on the implementation, as well as nature, scope and formation reasons of the measures; where are the principles of article 10 paragraph 1 of the Supervisory Board law to be observed.
(4) arrangements are as far as writing the maintenance debtor, as this is required to enable the fulfilment of its obligation to him. Orders and transmitted data may not communicated to the person concerned or third parties by the obligated party.
(5) it is forbidden to finish alone on the basis of an arrangement according to Article 8a, paragraph 1 or 2 unilateral acts, which are detrimental for those affected and that go beyond about the supply of information, in particular existing contracts or business connections, restrict their scope or a fee or increase the maintenance debtor. The arrangement is joining with the explicit reference to this prohibition and that the request for information includes not the statement, that the person concerned has acted illegally or a suspicion that facing must be.
(6) the bodies referred to in Article 8a, paragraph 1 and 2 sentence 1 are obliged to supply the information that set is prescribed 4 and 5 legislation referred to which on the basis of paragraph 8 of set 1 to 3 adopted Ordinance or in the paragraph 8 immediately, fully, correctly and in the format.
(7) for orders according to paragraph 8a, article 12 paragraph 1 of the article finds 10-law application, with the proviso that article 12 paragraph 1 sentence 5 of the article is 1 number of 4 and 5 application 10-law only measures according to Article 8a, paragraph 1 and 2 set. Submitted personal data to another location, communication in consultation with this takes place.
(8) the Federal Ministry of the Interior is authorized by Decree in consultation with the Federal Chancellery, the Federal Ministry of Economics and technology, the Ministry of Justice and the Ministry of defence without the consent of the Federal Council to determine that information according to Article 8a, paragraph 1 and 2 with the exception of the information according to § 8a paragraph 2 sentence 1 No. 4, even if other provisions refer this , wholly or in part on machine usable disks or by remote data transmission must be submitted. It can in particular be regulated 1 the conditions for the application of the procedure, 2. details of form, content, processing and backup of the data to be submitted, 3. the manner of transmission of data, 4. the responsibility for receiving to transmitting data, 5. the scope and the form of the necessary for this procedure special declaration obligations of the respondents and 6 facts and a cost compensation payable on the basis of information on debtor.
For regulating data transmission can be referenced in the regulation on publications expert bodies; Here are the date of publication, to refer to the source and a place where publishing is laid down in terms of archives backed up. The requirements for the provision of information according to § 8a paragraph 2 sentence 1 No. 4, in particular whether and to what extent the debtor for this purpose to make provision for the technical and organisational implementation of the obligation of information have, determined according to section 110 of the Act and the decree that adopted. The technical details, to exchange the information and are required for the design of the handover point to the authorised bodies, in particular the technical format for the transmission depend which such request for information on the debtor and the return transmission of appropriate information on the authorised bodies, according to the specifications in the technical guideline on article 110, paragraph 3, of the Telecommunications Act.
(9) for the provision of information according to § 8a paragraph 2 sentence 1 No. 4 has the debtor entitled to compensation according to § 23 of the Justizvergütungs-and Compensation Act.
(10) the powers under section 8a, paragraph 2, sentence 1 number 4 and 5 the constitutional protection of the authorities only entitled to if the procedure as well as involving the G 10 Commission, the processing of the data collected and the notice to the concerned equivalent as in paragraph 2 and also a paragraph 3 generally parliamentary control, as well as an obligation to report about the action taken on the parliamentary supervisory body of the Federal Government under appropriate application of paragraph 3 sentence 1 second half of sentence its report pursuant to paragraph 3 sentence 2 by the State is regulated. The obligations to the equivalent parliamentary scrutiny pursuant to paragraph 3 also apply to the powers according to § 8a paragraph 2 sentence 1 number 1 and 2. national law rules may provide for information to the relevant Constitution protection authority of the country that correspond to paragraph 5, and that set of 4 and 5 for such information for applicable explain set 1 to 3 adopted pursuant to legislative decree, as well as the requirements on the basis of paragraph 8 referred to in paragraph 8.

sec. 8c restrictions on a fundamental right which is a fundamental right of correspondence (article 10 of the Basic Law) restricted in accordance with the § 8a paragraph 2 sentence 1 number 4 and 5 and paragraph 3, and § 8B paragraph 1, 2, 4 to 8 and 10.

§ 8 d further request for information (1) as far as this to the fulfilment of the tasks of the Federal Office for constitutional protection is required, may be from that businesslike provides telecommunications services or it is involved, requires data collected information about the sections 95 and 111 of the Telecommunications Act (§ 113 paragraph 1 sentence 1 of the Telecommunications Act). Refers to the request for information pursuant to sentence 1 data by means of which the access terminals or storage facilities, which are used in these devices or these separately, is protected (article 113 paragraph 1 sentence 2 of the Telecommunications Act), the information may be required only if the statutory requirements for the use of the data.
(2) the information shall be required in paragraph 1 by using an Internet Protocol address assigned to a specific point in time (§ 113 paragraph 1 sentence 3 of the Telecommunications Act). For request for information pursuant to paragraph 1 sentence 2 shall apply section 8 b paragraph 1 sentence 1 and 2 and paragraph 2 accordingly.
(3) the person concerned is to notify sentence 2 and paragraph 2 sentence 1 of the Beauskunftung in the cases of paragraph 1. The notification occurs as far as and as soon as a hazard of the purpose of the information and the overarching disadvantages for the welfare of the Federation or a land entry can be excluded. You take if your most sensitive issues preclude the affected person or third party. Will the notification pursuant to sentence 2 reset or apart pursuant to sentence 3 of her, are the reasons on record to make.
(4) on the basis of a request for information pursuant to paragraph 1 or 2, who businesslike to provide telecommunications services or it is, has the data required to exchange the information immediately, to correctly and completely submit.
(5) the Federal Office for protection of the Constitution has for him a compensation to grant granted information, the scope of which is based on article 23 and Appendix 3 of the Justizvergütungs-and Compensation Act; the rates and compensation law find the rules on the limitation period in section 2 paragraph 1 and 4 apply accordingly.
(6) the fundamental right of correspondence (article 10 of the Basic Law) is restricted in accordance with paragraph 2.

§ 9 special forms of data collection (1) the Federal Office for constitutional protection may information, in particular personal data, with the funds pursuant to § 8 para 2 raise, if the facts justify the assumption that 1 in this way knowledge of efforts or activities referred to in article 3, paragraph 1 or the sources necessary to explore such knowledge can be won or 2. this to protect of the employees, facilities , Items and sources of the Federal Office for constitutional protection against malicious or intelligence activities is required.
The survey pursuant to sentence 1 is inadmissible if the investigation of the facts on others, is possible the affected less affecting way. a lower impairment is usually to assume if the information can be obtained from publicly available sources or through an information according to § 18 para 3. The application of agent pursuant to § 8 para 2 may not visible are out of proportion to the importance of the matter enlightening to. The measure is immediately to end when its purpose has been reached or is evidence that he does not or not can be achieved in this way.
(2) the word not publicly spoken in an apartment may be only secretly heard by technical means or recorded if it is essential in certain cases to fend off a present common danger or a present danger for individuals and appropriate police assistance for the endangered legal interest can be obtained in a timely manner. Sentence 1 shall apply accordingly for a covert use of technical means for the production of photographs and recordings. Measures are arranged by the President of the Federal Office for constitutional protection or his representative pursuant to sentences 1 and 2, if a judicial decision can be dealt with in a timely manner. The Court decision is immediately catching up to do. The District Court in whose district the Federal Office for protection of the Constitution has its headquarters is responsible. The provisions of the law on the procedure in family matters and in matters relating to the proceedings of voluntary jurisdiction according to. The information collected may be used only after § 4 para 4 of article 10 Act. § 4 paragraph 6 of article 10 Act shall apply accordingly. The fundamental right of inviolability of the home (article 13 of the Basic Law) is limited in this respect.
(3) in the case of surveys according to paragraph 2 and those referred to in paragraph 1, which are in their nature and severity of a limitation of the mail, post and correspondence coming, including in particular the interception and recording of not publicly spoken word with the covert use include technical means, is 1 the intervention after its completion to inform the person concerned as soon as a threat to the purpose of the procedure cannot be excluded , and 2. to inform the parliamentary supervisory body.
(4) the Federal agency may use technical means for protection of the Constitution under the conditions of Article 8a, paragraph 2 for determining the location of a switched active Mobilfunkendgerätes or to identify of the device or card number. The measure is only permitted, if without the use of technical means pursuant to sentence 1 the determination of the location or the discovery of the device or card number is impossible or substantially more difficult. She can be only against the in section 8a paragraph 3 Nos. 1 and 2 letter of b designated persons. For the processing of data, § 4 of the article is 10-Act apply accordingly to. Personal data of a third party may only be levied on the occasion of such measures if this is unavoidable due to technical reasons for the achievement of the purpose pursuant to sentence 1. They are subject to an absolute ban on the use and to delete immediately after completion of the action. § 8B paragraph 1 to 3 and 7 sentence 1 shall apply accordingly.

§ 10 storage, modification and use of personal data (1) the Federal Office for protection of the Constitution allowed for the fulfilment of its tasks personal data in files save, change and use it when 1 there are actual evidence of efforts or activities referred to in article 3, paragraph 1, 2nd for the exploration and evaluation of efforts or activities referred to in article 3, paragraph 1 is required or 3. the Federal Office for constitutional protection after § 3 par. 2 is active.
(2) (3) the Federal Office for protection of the Constitution has to limit the duration of the storage necessary to the fulfilment of its tasks.

§ 11 storage, modification and use of personal data of minors (1) the Federal Office for constitutional protection may under the conditions of § 10 data on minors before the age of 16 years in files kept to their person only save, change and use it when actual evidence that the minor commits one of the 10-Act planning crimes described above, in article 3, paragraph 1 of the article or has committed. A storage of data or about the behavior of minors from the age of 16 years is not allowed in files. Sentence 2 shall not apply to minors who have reached the age of 14, if according to the circumstances of the case cannot be ruled out, that it is required to save to avert of a serious threat to a person's life or limb.
(2) stored data by minors are files in files or their personal check and delete after five years at the latest after two years on the necessity of storing, unless further evidence are incurred after the age of majority according to § 3 para 1.

§ 12 rectification, erasure and blocking of personal data in files (1) the Federal Office for protection of the Constitution has to correct the personal data stored in files if they are inaccurate.
(2) the Federal Office for protection of the Constitution has to delete the personal data stored in files, if their storage was inadmissible or their knowledge for the fulfilment of the task is no longer necessary. The deletion is omitted if there is reason to believe that they would affect sensitive interests of the person concerned. In this case, the data must be block. They may be transferred only with the consent of the person concerned.
(3) the Federal Office for constitutional protection checks for handling of individual cases and according to established deadlines, not later than after five years of stored personal data to correct or to delete. Personal data stored about efforts according to § 3 paragraph 1 are numbers 1, 3 and 4 no later than ten years after the date of the last saved relevant information to delete, unless the Chief Executive or his representative meets another decision in some cases exceptionally.
(4) personal data stored exclusively for purposes of privacy control, backup or to ensure a proper operation of a data processing system may be used only for these purposes.

Article 13 correction and blocking of personal data in files (1) determines the Federal Office for constitutional protection, that stored personal data are incorrect in files or their accuracy is contested by the data subject, to note this in the file, or to hold any other way.
(2) the Federal Office for protection of the Constitution has to block personal information, if it determines in a particular case that worth protecting interests of the person concerned would be affected without blocking, and the data for its future tasks are no longer required. Locked data must be fitted, with a corresponding note they may be no longer used or delivered. A lifting of the closure is possible if its prerequisites are subsequently deleted.

File requests (1) are § 14 for each automated file at the Federal Office for constitutional protection after § 6 or § 10 in a file arrangement, which require the consent of the Federal Ministry of the Interior to set: 1. name the file, 2. purpose of the file, 3. conditions of storage, transmission and use (affected persons, data types), 4 delivery or input, 5. access permission, 6 review periods, duration of storage, 7 logging.
The Federal Commissioner for data protection and freedom of information is an order of file to listen to.
(2) the storage of personal data is limited to the required level. At appropriate intervals, the need for the continuation or modification of files is to check.
(3) in the file arrangement on automated personal text files, the access permissions for people is to restrict, directly involved with work in the area, associated with the text files; Excerpts from text files may not be transferred without the accompanying explanatory documents.

Article 15 information to interested parties (1) the Federal Office for constitutional protection granted on request free of charge information, as far as this pointing concerned about data stored to his person on a concrete situation and presents a special interest in a report.
(2) providing information is omitted, as far as 1 is to get a hazard of task performance by providing information, 2. by providing information sources may be at risk or 3 which would endanger the public safety information or otherwise prepare disadvantages the well-being of the Federation or a land or 4th is to fear the discovery of knowledge or the functioning of the Federal Office for constitutional protection, the data or the fact of the storage after a legislation, or its essence , in particular because of the overwhelming legitimate interests of a third party, must be kept.
The decision will be the Chief Executive or a person specially appointed by him.
(3) the information obligation does not cover the origin of the data and the receiver of transfers.
(4) the rejection of information requires no justification as far as this would jeopardise the purpose of the denial of information. The reasons of the refusal of information are on record to make. Affected parties on the legal basis for the lack of justification and denied providing information to indicate that he can turn to the Federal Commissioner for data protection is. The Federal Commissioner for data protection is on his desire to give evidence, unless in individual cases, not the Ministry of the Interior determines that this jeopardizes the security of the Federation or a land. Releases of the Federal Commissioner to the concerned must allow any conclusions on the State of knowledge of the Federal Office for constitutional protection, unless it agrees not a further information.

Section 16 reporting requirements of the Federal Office for constitutional protection (1) the Federal Office for constitutional protection shall inform the Federal Ministry of the Interior on its activities.
(2) the information referred to in paragraph 1 is also informing the public through the Federal Ministry of the Interior about aspirations and activities referred to in article 3, paragraph 1, which takes place at least once a year in a summary report. This personal data may be known, if is necessary for the understanding of the relationship or the representation of organizations or unorganized groups and the interests of the public prevail over protection interest of the person concerned. The grants of the federal budget to the Federal Office for protection of the Constitution and the military Abschirmdienst, as well as the respective total number of their employees shall be indicated in the report.
Third section delivery regulations section 17 is admissibility of requests (1) in accordance with this section to transfer of personal data requested, only the data may be transmitted, that when the requested authority are known, or can be taken from generally accessible sources.
(2) paragraph 1 does not apply to special request from the intelligence, the military intelligence and the federal intelligence service to such data that are known in grenzpolizeilicher missions. The Federal Ministry of the Interior in consultation with the Federal Chancellery and the Ministry of defense in a service statement governs the admissibility of this special request and its fulfilment. It informed the parliamentary control Committee about their adoption and modifications required. Set of 2 and 3 does not apply to the special requests between authorities of the same State.
(3) insofar as necessary for the fulfilment of the tasks of the Federal Office for protection of the Constitution, the military intelligence and the federal intelligence service is necessary, these authorities can one person or one in article 36 paragraph 1 of decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen information system (SIS II) called thing in the police information system to the notice of the meeting to write off , if the requirements of article 36 para. 3 of decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the Schengen information system of the second generation (SIS II) as well as actual evidence of a cross-border transport are available. In the case of the meeting at, the body requested to release the issuing authority can submit information in accordance with article 37 of decision 2007/533/JHA. The head of the authority, his representative or a servant to particularly representative, who has the qualification of judgeship, arranges tenders. The tender is limited to a maximum of six months and may be ordered again. No longer are the conditions for the tender, the purpose of the measure is reached or shows that he cannot be reached, the tender is to delete immediately. § 8a, paragraph 6 shall apply accordingly, with the proviso that replaced the tenders through the military Abschirmdienst Ministry competent according to section 8a, paragraph 4, sentence 4 the Ministry of defence and for tenders by the Federal Intelligence Service, the Federal Chancellor's Office occurs.

Article 18 transmission of information on the protection of the Constitution authorities (1) the authorities of the Confederation, the Federal legal persons of under public law, the public prosecutor's Office and, subject to the public prosecutor thing management authority, the police, the authorities of the customs investigation service, as well as other customs services, as far as carry out these tasks under the Police Act, the Federal Office for protection of the Constitution or the Constitution protection authority of the country of the known facts, the malicious or intelligence activities for a foreign power, or efforts in the area of application of this Act reveal them teach themselves , established by application of violence or to preparing actions against the in section 3 para 1 No. 1, 3 and 4 protection referred to are addressed. Sentence 1 beyond disclosure obligations in the military Abschirmdienst Act or the Act on the Federal Intelligence Service remain unaffected. On the transmission of information between the authorities of the country of the same federal sentence 1 does not apply.
(1a) transmitted by themselves from the Federal Office for protection of the Constitution, the immigration authorities of a country provide the Federal Office for migration and refugees resulting from the constitutional protection agency of the country leaked them information including personal data about endeavours or activities referred to in section 3, paragraph 1, if there is actual evidence that the transmission for the fulfilment of the tasks of the Constitution protection authority is required. The transmission of this personal data to foreign public institutions as well as parent and intergovernmental bodies according to § 19 para 3 is omitted even if vast protection concerns preclude third parties. The Federal Office for migration and refugees is to participate in a pre-submission according to § 19 para 3. § 8a, paragraph 6 applies accordingly for these submissions of the Federal Office for constitutional protection. The jurisdiction and the procedure for the decision of the Federal Office for migration and refugees to submissions are to rules, which require the consent of the Federal Ministry of the Interior in a regulation pursuant to sentence 1.
(2) the public prosecutor's Office and, subject to the public prosecutor thing management authority, the police, the authorities of the customs investigation service and other customs services, as far as carry out these tasks under the Federal Police Act, and the Federal Intelligence Service may itself from the Federal Office for protection of the Constitution or the constitutional protection agency of the country also everyone else them known information, including personal information about efforts pursuant to § 3 para 1 submit, if actual indications , that the transfer for the fulfilment of the tasks of the Constitution protection authority is necessary. Paragraph 1 sentence 3 shall apply.
(3) the Federal Office for protection of the Constitution allowed the public prosecutor's Office to carry out its tasks and, subject to the public prosecutor thing management authority, the police and other authorities to transfer of the information required to carry out its tasks including personal information request if they lifted not from generally accessible sources, only with excessive effort or merely by a measure more onerous the person concerned can be. Under the same conditions, constitutional protection authorities 1 may federal authorities and the federal public law legal persons, 2. Public Prosecutor's Office and request subject to the Prosecutor case management powers, police forces of the Federal Government and other countries to the transmission of such information.
(3a) the Federal Office for protection of the Constitution and the constitutional protection of the authorities are allowed to carry out their task of requesting financial authorities to obtain the information, whether a corporation, association or estate meets the requirements of § 5 para 1 No. 9 of the ITA. The financial authorities have to inform the requesting authority pursuant to sentence 1.
(4) would the delivery pursuant to paragraph 3 sentence 1 the purpose of the measure vulnerable to or affected parties disproportionately affected, the Federal Office for protection of the Constitution in the performance of the tasks may see pursuant to § 3 para 1 No. 2-4, as well as authorities in monitoring terrorist efforts.
(5) the request pursuant to paragraph 3 are on record to make. About the inspection pursuant to paragraph 4, the Federal Office for protection of the Constitution has to lead evidence, from which emerge the purpose and the reason, the requested authority and the file reference; the certificates are to be kept separately, must be secured against unauthorized access and at the end of the calendar year following the year of its creation, to destroy.
(6) the transmission of personal data, which have become known on the basis of an action according to § 100a of the criminal procedure code, is only permitted by the provisions of paragraphs 1, 2 and 3, when actual indications that someone one of the 10-Act planning crimes described above in section 3, paragraph 1 of the article, commits or has committed. On a Constitution protection authority pursuant to sentence 1, knowledge and documents submitted is § 4 para. 1 and 4 of article 10 Act shall apply.

Transmission of personal data by the Federal Office for protection of the Constitution (1) that allowed Federal Office for constitutional protection personal information to domestic authorities submit article 19, if this is necessary for the performance of his duties or the recipient requires the data to protect of the free democratic basic order or otherwise 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) the Federal Office for constitutional protection may transmit personal data to departments of the forces of stationing of, as far as the Federal Republic of Germany to stationed foreign troops by August 3, 1959 in the context of article 3 of the supplementary agreement to the agreement between the parties to the North Atlantic Treaty on the status of their forces in the Federal Republic of Germany with regard to the (BGBl. 1961 II p. 1183, 1218) is required.
(3) the Federal Office for constitutional protection may provide any personal information to foreign public institutions as well as parent and intergovernmental bodies if the delivery to the performance of his duties or significant security interests of the recipient is required. The transmission is omitted if conflict with Foreign Affairs of the Federal Republic of Germany or most sensitive interests of the person concerned. The delivery is on record to make. The receiver is to point out that the transmitted data may be used only for the purpose to which it was transmitted to him, and the Federal Office for protection of the Constitution reserves the right to ask for information on the use made of the data.
(4) personal data may be transferred only to other bodies, if this is required for protecting the free democratic basic order, the stock or the security of the Federation or a land or to ensure of the safety of life or major defense facilities according to § 1 section 4 of the security review law. Submissions require prior approval by the Ministry of the Interior pursuant to sentence 1. The Federal Office for protection of the Constitution is proof of the purpose, the instigation, the file site and the recipients of transfers pursuant to sentence 1. The certificates are to be kept separately, must be secured against unauthorized access and at the end of the calendar year following the year of its creation, to destroy. The recipient may use the transmitted data only for the purpose for which they have been submitted to him. The recipient is on the restriction of the use and care to point out that the Federal Office for constitutional protection reserves, to ask for information about how to use the data. The transmission of personal data is to inform the person concerned by the Federal Office for protection of the Constitution, as soon as a threat to its fulfilment by the notice is no longer get.
5) paragraph 4 shall not apply if personal data for the purpose of data collection according to § 8 paragraph 1 sentence 2 in places, of which the data are collected, or that involved. Thereof notwithstanding paragraph 4 applies movements 5 and 6 in cases in which the collection of data by the means referred to in article 8 paragraph 2 takes place.

Article 20 transmission of information by the Federal Office for constitutional protection in law enforcement and security agencies in matters of State and constitutional protection (1) the Federal Office for protection of the Constitution sent the public prosecutor's Office and, subject to the public prosecutor thing management authority, the police forces of from which it has become known information, including PII, when actual indications that the delivery for the prevention or prosecution of Staatsschutzdelikten is required. Offences are offences referred to in sections 74a and 120 of the Court Constitution Act, as well as other crimes, which on the basis of their objective, the motive of the perpetrator or his connection to an organization actual evidence, no. 10 letter b or protected assets referred to in c of the Constitution being directed against the article 73 pursuant to sentence 1. The Federal Office for constitutional protection provided the BND of him known information, including personal information, when actual evidence that the transmission for the fulfilment of the duties of the receiver is required.
(2) the police may request the Federal Office for protection of the Constitution to transmit of required information including personal data to prevent Staatsschutzdelikten to in paragraph 1 sentence 2. The German Federal Intelligence Service might request the Federal Office for protection of the Constitution to transmit of the required information including personal information to carry out its tasks.

§ 21 delivery of information through the constitutional protection authorities of countries in law enforcement and security agencies in matters of the State and the protection of the Constitution (1) submit the Constitution protection authorities of the countries the public prosecutor's Office and, subject to the public prosecutor thing management authority, the police information including personal data under the conditions of § 20 para 1 sentence 1 and 2 and paragraph 2 sentence 1. On the transmission of information between the authorities of the country of the same federal sentence 1 does not apply.
(2) the authorities of protection of the Constitution submit the Federal Intelligence Service and the military Abschirmdienst information including personal data under the conditions of § 20 para 1 sentence 3 and para. 2 sentence 2.

Section 22 transmission of information by the public prosecutor's offices and police forces at the military Abschirmdienst for the transmission of information, including personal data by the public prosecutor's Office and, subject to the public prosecutor thing management authority, the police, the authorities of the customs investigation service, as well as other customs services, as far as these tasks according to the Federal Police Act perceive on the military Abschirmdienst will apply accordingly § 18.

common files (1) that can Federal Office for constitutional protection for the duration of a temporary project-related cooperation with the country authorities for protection of the Constitution, the military Abschirmdienst, the German Federal Intelligence Service, the police authorities of the Federal and State Governments and the Customs Crime Office, a common file build § 22a project. Project-related cooperation aims the preparation acts established by application of violence or that against the in section 3 para 1 No. 1 to 4 protected goods referred to are in accordance with the functions and powers of the authorities referred to in sentence 1, Exchange and joint analysis of intelligence efforts. Personal data may be used efforts pursuant to sentence 2 using the shared 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 store the data in its own files. The authority, which has entered the data, has to identify the data.
(3) for the management of a project-based shared file, section 6 set 5-7 and § 14 paragraph 2 shall apply mutatis mutandis. section 15 is to apply subject to the proviso that the Federal Office for constitutional protection 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) the common file referred to in paragraph 1 is limited to a maximum of two years. The deadline can be extended twice to up to a 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 for them 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 Federal Office for protection of the Constitution has for the shared file in a file arrangement set the information according to § 14 para 1 sentence 1 No. 1 to 7 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 logging when 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 Office for protection of the Constitution 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 Office for constitutional protection for claims for damages of the data subject pursuant to § 8 of the Federal Data Protection Act.
The file arrangement requires the approval of the Federal Ministry of the Interior, as well as the professional supervision of the 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 half-sentence 1 shall apply accordingly.

Article 23 delivery bans the transmission according to the provisions of this section is omitted, if 1 the transmitting authority is evident, that, taking into account the nature of the information and its collection, the legitimate interests of the person concerned outweigh the public interest in the transmission, so require security interests weighed over 2 or 3.
oppose special legislation of delivery; the obligation to respect legal obligations to maintain secrecy or by professional or special administrative confidentiality not based on statutory provisions, shall remain unaffected.

Article 24 protection of minors (1) information including personal information about the behavior of minors may be transferred according to the provisions of this Act, as long as the conditions of storage are met according to section 11, subsection 1, sentence 1. These conditions no longer exist, remains a transmission permitted only when it is needed to prevent of a serious threat or to prosecute a crime of considerable importance.
(2) information including personal information about the behavior of minors from the age of 16 years may be transferred according to the provisions of this Act to foreign as well as parent - or intergovernmental bodies. Derogation information including personal information about the behavior of minors who have reached the age of 14, may be transmitted, if according to the circumstances of the individual case can be that is required to avert of a serious threat to a person's life or limb, or actual evidence, excluded, that the transmission of tracking one is required 10-law crimes described above in section 3, paragraph 1 of the article.

§ 25 duties of the receiver of the receiver checks whether the personal data transmitted according to the provisions of this Act for the performance of his duties are required. Examination reveals that they are not required, he has to destroy the documents. Destruction can be avoided, if the separation of other information, which are necessary for the fulfilment of the tasks, not or is possible only with unreasonable effort. in this case, the data are to block.

Section 26 personal data after they are sent to are to report duty prove according to the provisions of this act as incomplete or inaccurate, to correct them immediately to the recipient unless it is for the assessment of the facts of the case without meaning.
Fourth section final provisions article 27 application of the Federal data protection act in carrying out the duties according to § 3 by the Federal Office for constitutional protection § 3 par. 2 and 8 find 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.