Law on cooperation between the federal and state governments in matters of constitutional protection and the Federal Office for the Protection of the Constitution (Bundesverfassungsschutzgesetz-BVerfSchG)

Unofficial table of contents

BVerfSchG

Date of completion: 20.12.1990

Full quote:

" Bundesverfassungsschutzgesetz vom 20. Dezember 1990 (BGBl. 2954, 2970), as last amended by Article 6 of the Law of 20 June 2013 (BGBl). 1602). "

Status:

Last amended by Art. 6 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 by the Bundestag as Art. 2 of the G v. 20.12.1990 I 2954 with the consent of the Bundesrat; the G was announced on December 29, 1990 and is gem. Article 6 (1) G v. 20.12.1990 I 2954 entered into force on the day after the proclamation.

First section
Cooperation, tasks of the constitutional protection authorities

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§ 1 Working-together light

(1) The protection of the constitution serves to protect the basic democratic order, the state and the security of the federal and state governments. (2) The federal government and the Länder are obliged to protect the constitutional protection of the state and the states. (3) Cooperation is also in mutual support and assistance. Unofficial table of contents

§ 2 Protection of the Constitution

(1) For cooperation between the Federal Government and the Länder, the Federal Government has a Federal Office for the Protection of the Constitution as the Federal Supreme Authority. It is subject to the Federal Ministry of the Interior. The Federal Office for the Protection of the Constitution must not be affiliated to a police service. (2) For cooperation between the Länder and the Federal Government and the Länder, each country maintains an authority for the processing of matters of the Constitutional protection. Unofficial table of contents

§ 3 Tasks of the Constitutional Protection Authorities

(1) The task of the Federal and State Office for the Protection of the Constitution is to collect and evaluate information, in particular information and personal information, messages and documents, on

1.

Efforts directed against the liberal democratic constitution, the stock or the security of the federal or a country, or an unlawful impairment of the official administration of the constitutional bodies of the federal or state or of their members,

2.

security-threatening or intelligence activities within the scope of this law for a foreign power,

3.

Efforts within the scope of this Act, which endanger foreign interests of the Federal Republic of Germany through the use of force or preparatory actions in preparation for this purpose,

4.

Aspirations within the scope of this law, which are directed against the idea of international understanding (Article 9 (2) of the Basic Law), in particular against the peaceful coexistence of peoples (Article 26 (1) of the Basic Law).

(2) The constitutional protection authorities of the Federal Government and of the Länder shall act with

1.

in the case of the security clearance of persons who are to be entrusted in the public interest with the facts, objects or findings which are in need of secrecy and which are intended to obtain access to them or obtain them,

2.

in the case of the security clearance of persons employed or intended to be employed at security-sensitive places of institutions that are important for life or defence,

3.

in the case of technical security measures for the protection of facts, objects or findings which are in need of secrecy in the public interest, against the acceptance by unauthorised persons,

4.

in the case of the verification of persons in other legally determined cases.

The powers of the Federal Office for the Protection of the Constitution in the case of the participation according to sentence 1, no. 1, 2 and 4, are in the Security Review Act of 20 April 1994 (BGBl. (3) The constitutional protection authorities are bound by the general legislation (Article 20 of the Basic Law). Unofficial table of contents

§ 4 Definitions

(1) For the purposes of this Act,

a)

Efforts against the stock of the Federation or of a country such politically determined, objective and purposeful conduct in one or for a person's union, which is aimed at the freedom of the federal government or a country of -abolish the rule of foreign domination, remove or separate an area belonging to it;

b)

Endeavours against the security of the Federal Government or of a country such politically determined, objective and purposeful behaviour in one or for a person's union, which is aimed at the Federal Government, the Länder or their institutions in of their ability to function;

c)

Efforts against the free democratic basic order of such political, objective and purposeful behaviour in one or for a person's summary, which is aimed at one of the following, shall be one of the following: To remove or override constitutional principles.

The person who strongly supports him in his endeavours is to be a summary of the individual. The prerequisite for the collection and evaluation of information within the meaning of Section 3 (1) is the existence of actual clues. Conduct of individuals who do not act in one or the same person shall be aspirations within the meaning of this Act if they are directed to the use of force or are likely to be effective on the basis of their mode of action, (2) To the liberal democratic basic order within the meaning of this law include:

a)

the right of the people to exercise authority in elections and votes and through special bodies of legislation, executive power and jurisdiction, and the representation of the people in general, direct, free, equal and secret the choice of choice,

b)

the binding of the legislation to the constitutional order and the binding of the executing violence and the jurisprudence to law and law,

c)

the right to education and the exercise of a parliamentary opposition,

d)

the ability of the government to be detached and its responsibility to the people's representation,

e)

the independence of the courts,

f)

the exclusion of all violence and arbitrary rule and

g)

the human rights that are concrete in the Basic Law.

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§ 5 Delimitation of the powers of the Constitutional Protection Authorities

(1) The State Authorities for the Protection of the Constitution collect information, information, messages and documents for the performance of their duties, evaluate them and transmit them to the Federal Office for the Protection of the Constitution and the State Authorities for the Protection of the Constitution. (2) The Federal Office for the Protection of the Constitution may collect information, information, news and documents within the meaning of § 3 in a country in consultation with the State Agency for the Protection of the Constitution. In the case of aspirations and activities within the meaning of § 3 (1) Nos. 1 to 4, it is a condition that:

1.

they are totally or partially directed against the federal government,

2.

they extend beyond the territory of a country,

3.

touch on the foreign affairs of the Federal Republic of Germany or

4.

The Federal Office for the Protection of the Constitution has asked the Federal Office for the Protection of the Constitution to take action.

The Federal Office for the Protection of the Constitution shall inform the national authorities for the protection of the constitution of all documents whose knowledge of the country for the purpose of the protection of the constitution shall be notified. is required. Unofficial table of contents

§ 6 Mutual information of the constitutional protection authorities

The Federal Office for the Protection of the Constitution is obliged to lead the Federal Office for the Protection of the Constitution for the fulfilment of the information requirements in accordance with § 5 common files which they use in the automated procedure. These files contain only the data required to find files and the necessary identification of persons. The storage of personal data is permitted only under the conditions of § § 10 and 11. The retrieval in automated procedures by other bodies is not permitted. The responsibility of a storage body within the meaning of the general provisions of the data protection law shall only bear the data entered by any of the authorities responsible for the protection of the constitution; only it may alter, block or delete such data. The stoving point must be fixed. The Federal Office for the Protection of the Constitution meets the technical and organisational measures in accordance with § 9 of the German Federal Data Protection Act (Bundesdatenschutzgesetz) for the joint files. The guidance of text files or files containing more than the data referred to in the second sentence shall be permitted under the conditions of this paragraph only for narrowly defined areas of application for the investigation of security endangerment or Intelligence activities for a foreign power, of right-wing extremist aspirations, or of aspirations to use force or to prepare for violence. The right to access is restricted to persons who are directly responsible for work in this field of application; in the file arrangement (§ 14), the necessity for the inclusion of text sentences in the file must be justified. Unofficial table of contents

§ 7 White-law of the Federal Republic of Germany

When an attack on the constitutional order of the Federal Government is carried out, the Federal Government can give the supreme state authorities the instructions required for cooperation between the Länder and the Federal Government in the field of constitutional protection.

Second section
Federal Office for the Protection of the Constitution

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§ 8 Powers of the Federal Office for the Protection of the Constitution

(1) The Federal Office for the Protection of the Constitution may collect, process and use the information, including personal data, necessary for the performance of its tasks, insofar as the applicable provisions of the Federal Data Protection Act or special arrangements in this law. A request from the Federal Office for the Protection of the Constitution for the transmission of personal data may contain only those personal data which are indispensable for the provision of information. The protection-worthy interests of the person concerned may only be affected to an unavoidable extent. (2) The Federal Office for the Protection of the Constitution may use methods, objects and instruments for the secretive information gathering, such as the use of Apply trusts and guardians, observations, image and sound recordings, camouflage papers and camouflage labels. These are to be named in a service provision which also regulates the responsibility for the arrangement of such information procurements. The service provision requires the approval of the Federal Ministry of the Interior, which informs the parliamentary control panel. (3) Police powers or powers of authority are not available to the Federal Office for the Protection of the Constitution; the Federal Office for the Protection of the Constitution (4) If personal data are collected by the person concerned with his or her knowledge, the purpose of the survey is to be stated. The person concerned must be informed of the voluntary nature of his/her data. (5) The Federal Office for the Protection of the Constitution has to choose from a number of appropriate measures the one that 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. Unofficial table of contents

Section 8a Special requests for information

(1) The Federal Office for the Protection of the Constitution may, on a case-by-case basis, obtain information on data relating to the justification, content, modification or termination of a tele-service provider for the purpose of providing or participating in a tele-service business. The contractual relationship with the Teleservices (stock data) has been stored, as far as this is necessary for the collection and evaluation of information, and where there are actual indications of serious risks for the (2) The Federal Office for the Protection of the Constitution may, on a case-by-case basis, Obtain information at

1.

carriers and operators of computer reservation systems and global distribution systems for flights to the name and addresses of the customer, as well as to the use and the circumstances of transport services, in particular at the time of Check-in and departure and to the booking path,

2.

credit institutions, financial services institutions and financial entities to accounts, account holders and other beneficiaries, as well as other persons involved in payment transactions, and to cash movements and investments, in particular account balances and payment transactions, and exits,

3.

(dropped)

4.

those who provide or participate in business telecommunications services in accordance with section 96 (1) (1) (1) to (4) of the Telecommunications Act and other necessary information on the establishment and maintenance of telecommunications traffic data and

5.

those who provide or participate in the business of teledienste,

a)

Characteristics for the identification of the user of a Teledienstes,

b)

information on the beginning and end of each use, and on the extent of the relevant use; and

c)

information about the teledienste used by the user,

in so far as this is necessary for the collection and evaluation of information, and in so far as it justifies the assumption that there are serious risks to the protection goods referred to in Article 3 (1). In the case of § 3 (1) (1), this applies only to aspirations which are suitable for the purpose or on the basis of their mode of action,

1.

to incite hatred or arbitrary action against parts of the population, or to attack their human dignity by encouraging the use of force and by encouraging the use of violence and by encouraging the use of force and the use of violence against the people of the population. to disrupt public peace, or

2.

To use or prepare violence, including advocating, evoting or supporting the use of force, including by supporting associations that cause, advocate, or threaten attacks against persons or property.

(2a) As far as this is necessary for the collection and evaluation of information and if facts justify the assumption that there are serious risks for the protection goods referred to in § 3 (1), the Federal Office for the Protection of the Constitution shall be entitled to On a case-by-case basis, the Federal Central Office for Taxes request that the credit institutions obtain the data referred to in § 93b (1) of the Tax Code. Article 93 (9) of the levy system shall not apply. (3) Regulations referred to in paragraphs 2 and 2a may only be directed against persons in respect of which:

1.

there are actual indications that they are strongly promoting the serious risks referred to in paragraphs 2 or 2a, or

2.

to be adopted on the basis of certain facts

a)

in the case of information referred to in the first sentence of paragraph 2, points 1, 2 and 5 and paragraph 2a, that they claim the benefit for a person referred to in paragraph 1; or

b)

in the case of information provided for in paragraph 2, first sentence, point 4, that the person referred to in paragraph 1 is receiving or passing on communications intended for or originating from the person referred to in point 1, or that a person referred to in point 1 is using the connection.

(4) to (9) (omitted)

Footnote

(+ + + For application cf. § 4a MADG (F. 2007-01-05) + + +) Unofficial table of contents

§ 8b Rules of procedure for special requests for information

(1) Orders pursuant to § 8a (2) and (2a) shall be requested by the head of the authority or his representative; the request shall be made in writing and shall be justified. The Federal Ministry of the Interior is responsible for the orders. The arrangement of information on future data shall be limited to a maximum of three months. The extension of this order by not more than three months shall be admissible on request, provided that the conditions of the order continue. Sentences 1 and 2 shall apply to the arrangement of the extension. (2) The Federal Ministry of the Interior shall inform the G 10 Commission (Section 1 (2) of the Article 10 Act) before its execution on a monthly basis on orders pursuant to § 8a (2) and (2a). In the event of danger in default, it may also order the decision to be taken before the G 10 Commission is informed. The G 10 Commission shall, on its own initiative or on the basis of complaints, examine the admissibility and the need to obtain information. Article 15 (5) of the Article 10 Act must be applied in accordance with the requirement that the Commission's powers of control extend to the entire collection, processing and use of the personal data obtained pursuant to Article 8a (2) and (2a). The Federal Ministry of the Interior must immediately lift decisions on information which the G 10-Commission declares to be inadmissible or not necessary. In this case, the data shall be subject to an absolute prohibition of use and shall be deleted immediately. § 4 of the Article 10 Act shall apply mutas to the processing of the data collected in accordance with Section 8a (2) and (2a). (3) The Federal Ministry of the Interior shall inform the Parliamentary Supervisory Body at a distance of no more than six months. Arrangements in accordance with Article 8a (2) and (2a;) shall, in particular, provide an overview of the occasion, scope, duration, result and cost of the measures implemented during the reporting period. The Board shall report annually to the German Bundestag on the implementation and the nature, scope and arrangement of the measures, taking into account the principles of § 10 (1) of the Control Board Act. (4) Arrangations are to be found in the In so far as this is necessary in order to enable it to fulfil its obligations, in so far as it is required. Orders and transmitted data may not be communicated to the person concerned or to third parties by the pledge. (5) The pledge is prohibited to carry out unilateral acts solely on the basis of an order pursuant to Section 8a (1) or 2 of the Convention, which are disadvantageous for the person concerned and who go beyond the provision of the information, in particular to terminate existing contracts or business connections, to limit their scope or to raise or raise a fee. The order is to be combined with the express reference to this prohibition and to the fact that the request for information does not contain the statement that the person concerned has acted illegally or that there is a suspicion of such behaviour. (6) The bodies referred to in Article 8a (1) and (2), first sentence, shall be obliged to provide the information without delay, in full, in the correct format and in the format provided for by the legal regulation adopted pursuant to the first sentence of paragraph 8 (1) to (3), or in the case referred to in (7). (7) For arrangements in accordance with § 8a shall apply in accordance with Article 12 (1) of the Article 10 Act, with the proviso that Section 12 (1) sentence 5 of the Article 10 Act shall apply only to measures pursuant to Articles 8a (1) and 2 (1) (4) and (5) of the Act. If personal data has been transferred to another place, the communication will take place in consultation with the Federal Ministry of the Interior (8) The Federal Ministry of the Interior shall be authorized by law in agreement with the Federal Chancellery, the Federal Ministry of Education and Research. for the economy and technology, the Federal Ministry of Justice and the Federal Ministry of Defence without the consent of the Bundesrat, to determine that information pursuant to Article 8a (1) and (2), with the exception of the information referred to in Article 8a (2) sentence 1 number 4, even where other provisions refer to it, in whole or in part must be transmitted by machine, or by remote data transmission. In particular, it is possible to regulate

1.

the conditions for the application of the procedure;

2.

the details of the form, content, processing and securing of the data to be transmitted,

3.

the way in which the data are transmitted,

4.

responsibility for the receipt of the data to be transmitted,

5.

the extent and form of the special declaration requirements of the person responsible for providing the information required for this procedure; and

6.

Facts and dimensions of an allowance for expenses to be paid on the basis of the exchange of information on the basis of the information provided.

For the purpose of regulating the transmission of data, reference may be made in the legal regulation to publications of expert bodies, including the date of publication, the reference source and a body at which the publication is published. archived in a secure way. The requirements for the provision of information pursuant to Article 8a (2), first sentence, point 4, and in particular whether and to what extent the pledged arrangements for the technical and organisational implementation of the information obligation must be taken, shall be determined in accordance with Section 110 of the Telecommunications Act and the provisions of the Regulation on this subject. The technical details required for the exchange of information and for the design of the point of transfer to the authorized bodies, in particular the technical format for the transmission of such information requests to the persons concerned and the return of the related information to the authorized bodies, shall be determined in accordance with the provisions of the Technical Directive pursuant to § 110 (3) of the Telecommunications Act. (9) For the purpose of providing information pursuant to § 8a (2) Sentence 1 (4) shall be entitled to the pledge to receive compensation in accordance with § 23 (10) The powers under Section 8a (2), first sentence, points 4 and 5, are to be granted to the constitutional protection authorities of the Länder only if the proceedings and the participation of the G 10 Commission, the processing of the the data collected and the notification to the person concerned as provided for in paragraph 2, and also a paragraph 3 of equivalent parliamentary control, and an obligation to report on the measures implemented to the Parliamentary Assembly Federal control panel, subject to the appropriate application of the first sentence of paragraph 3 the second half-sentence for the reports referred to in paragraph 3, second sentence, by the national legislature. The obligations of equivalent parliamentary scrutiny referred to in paragraph 3 shall also apply to the powers under Article 8a (2), first sentence, points 1 and 2. State law may apply to the respective constitutional protection authority of the country , which shall comply with the provisions of paragraph 5, and declare the provisions adopted pursuant to the first sentence of paragraph 8 (1) to (3) and the provisions referred to in the fourth and fifth sentences of paragraph 8 for such information to be applicable. Unofficial table of contents

§ 8c Restrictions on a fundamental right

The fundamental right of telecommunications secrecy (Article 10 of the Basic Law) shall be restricted in accordance with the provisions of Section 8a (2), first sentence, points 4 and 5, and paragraph 3, as well as § 8b, paragraphs 1, 2, 4 to 8 and 10. Unofficial table of contents

§ 8d Additional requests for information

(1) Insofar as this is necessary for the performance of the duties of the Federal Office for the Protection of the Constitution, information on the pursuant to § § 95 and 111 of the Federal Office for the Protection of the Constitution may be provided by the person who provides business telecommunication services or participates in it. Telecommunications law (Section 113 (1), first sentence, of the Telecommunications Act). Where the request for information in accordance with the first sentence relates to data by means of which access to terminal equipment or to storage facilities which are used in these terminals or in a spatially separate way is protected (Section 113 (1) sentence 2 of the (2) The information referred to in paragraph 1 may also be used on the basis of a date allocated at a specific time. Internet protocol address required (Section 113 (1) sentence 3 of the Telecommunications Act). In the case of requests for information pursuant to the second sentence of paragraph 1, the first sentence of Article 8b (1) and (2) and the second paragraph shall apply. (3) The person concerned shall be notified of the information provided in the cases referred to in the second sentence of paragraph 1 and in the first sentence of paragraph 2. The notification shall be made as far as and as soon as a threat to the purpose of the information and the occurrence of overlapping disadvantages for the good of the Federation or a country can be excluded. It shall not be held unless the overriding legitimate interests of third parties or of the person concerned are contrary to the protection of the person concerned. If the notification is returned in accordance with the second sentence, or apart from it after the third sentence, the reasons are to be informed. (4) In the event of a request for information referred to in paragraph 1 or 2, the person who has business telecommunications services shall have the right to provide information. (5) The Federal Office for the Protection of the Constitution shall provide for information which has been given to it, the extent of which shall be the same as that of the Federal Office for the Protection of the Constitution. In accordance with § 23 and Annex 3 of the Act on Justice and Indemnification, the Provisions concerning the statute of limitations in § 2 (1) and (4) of the Justice and Indemnity Act shall apply accordingly. (6) The fundamental right of telecommunications secrecy (Article 10 of the Basic Law) shall be subject to the conditions laid down in paragraph 2. restricted. Unofficial table of contents

§ 9 Special forms of data collection

(1) The Federal Office for the Protection of the Constitution may collect information, in particular personal data, with the means in accordance with Article 8 (2) if the facts justify the assumption that:

1.

In this way, knowledge of the aspirations or activities referred to in Article 3 (1) or the sources necessary for the investigation of such findings may be obtained, or

2.

This is necessary for the protection of the employees, facilities, objects and sources of the Federal Office for the Protection of the Constitution against security-related or intelligence-related activities.

The survey referred to in the first sentence shall be inadmissible if it is possible to study the facts in a manner which is less prejudicial to the person concerned; less impairment is generally to be assumed if the information is generally available from a general public. or by means of an information according to § 18 (3). The use of an agent according to § 8 (2) may not be discernable except in relation to the meaning of the facts to be clarified. The measure shall be terminated immediately if its purpose is attained or if there is evidence that it cannot be reached or cannot be achieved in this way. (2) The word not spoken publicly in an apartment shall be permitted by technical means. Funds shall be listened to or recorded in secret only if, in individual cases, it is indispensable for the defence of a current common danger or a current risk of life for individual persons, and if appropriate police assistance to the threatened person is threatened. Legal good cannot be obtained in good time. The first sentence shall apply in accordance with a concealed use of technical means for the production of image recordings and image recordings. Measures in accordance with sentences 1 and 2 shall be arranged by the President of the Federal Office for the Protection of the Constitution or his representative if a judicial decision cannot be brought about in good time. The judicial decision shall be taken immediately. The district court, in whose district the Federal Office for the Protection of the Constitution has its seat, is responsible. The provisions of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction shall apply in accordance with the procedure. The information collected may only be used in accordance with the provisions of Section 4 (4) of Article 10. Section 4 (6) of the Article 10 Act applies accordingly. The fundamental right of inviolability of the home (Article 13 of the Basic Law) is restricted to this extent. (3) In the case of surveys referred to in paragraph 2 and those referred to in paragraph 1, which are in their nature and severity of a restriction of the letter, post and office, and Telecommunications secrecy, in particular the interception and recording of the non-publicly spoken word with the hidden use of technical means, shall be

1.

to notify the person concerned after termination of the intervention, as soon as a risk to the purpose of the intervention can be ruled out; and

2.

to inform the parliamentary control body.

(4) The Federal Office for the Protection of the Constitution may use technical means to determine the location of an actively switched mobile radio terminal or to determine the device or card number under the conditions set out in Article 8a (2). The measure shall be admissible only if, without the use of technical means in accordance with sentence 1, the determination of the location or the determination of the device number or card number is unpromising or substantially more difficult. It may only be directed against the persons referred to in Article 8a (3) (1) and (2) (b). Section 4 of the Article 10 Act shall apply mutas to the processing of the data accordingly. Personal data of a third party may only be collected on the occasion of such measures if, for technical reasons, this is unavoidable in order to achieve the purpose according to sentence 1. They are subject to an absolute prohibition of use and must be deleted immediately after completion of the measure. Section 8b (1) to (3) and (7) sentence 1 shall apply accordingly. Unofficial table of contents

§ 10 Storage, modification and use of personal data

(1) The Federal Office for the Protection of the Constitution may store, modify and use personal data in files for the performance of its tasks, if:

1.

where there is actual evidence of aspirations or activities in accordance with § 3 (1),

2.

this is necessary for the exploration and evaluation of aspirations or activities in accordance with § 3 (1), or

3.

The Federal Office for the Protection of the Constitution is acting in accordance with Section 3 (2).

(2) (3) The Federal Office for the Protection of the Constitution shall limit the period of storage to the level necessary for the fulfilment of the duties of the Federal Office for the Protection of the Constitution. Unofficial table of contents

§ 11 Storage, alteration and use of personal data of minors

(1) The Federal Office for the Protection of the Constitution may, under the conditions laid down in § 10, data on minors before the completion of the 16. Only save, modify and use the life-year in files held by the person concerned, if there are actual indications that the minor is planning, committing or committing one of the offences referred to in Article 3 (1) of Article 10 of the Law . Files are a storage of data or of the behaviour of minors before the completion of the 16th. Year of life not allowed. Sentence 2 shall not apply to minors, who shall be the 14. (2) In the case of an individual case, a life year shall be completed if, in the circumstances of the individual case, it cannot be ruled out that the storage is necessary to prevent a serious danger to a person's life or life. (2) Data stored on minors shall be reviewed after two years on the necessity of storage and shall be deleted no later than five years, unless further information pursuant to section 3 (1) after the entry of the majority of the age of majority is required. shall be the case. Unofficial table of contents

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

(1) The Federal Office for the Protection of the Constitution shall correct the personal data stored in files if they are incorrect. (2) The Federal Office for the Protection of the Constitution shall delete the personal data stored in files if: their storage was inadmissible or their knowledge for the performance of the task is no longer necessary. The deletion shall not be deleted if there is reason to believe that the interests of the person concerned which are worthy of protection would be affected. In this case, the data shall be blocked. They may only be transmitted with the consent of the person concerned. (3) The Federal Office for the Protection of the Constitution shall examine, in the case of individual case processing and according to fixed time limits, at the latest after five years, whether stored personal data shall be used. be corrected or deleted. Stored personal data on the aspirations of § 3 (1) (1), (3) and (4) shall be deleted no later than 10 years after the date of the last stored relevant information, unless the authority or its representative (4) Personal data exclusively for the purposes of data protection control, data protection or to ensure the proper operation of a data processing system. shall be used only for those purposes. Unofficial table of contents

§ 13 Correction and blocking of personal data in files

(1) If the Federal Office for the Protection of the Constitution finds that personal data stored in files are incorrect or if their correctness is disputed by the person concerned, this is to be noted in the file or to be recorded in other ways. (2) The Federal Office for the Protection of the Constitution has to block personal data if it finds in an individual case that without the blocking of protection worthy interests of the person concerned would be affected and the data for its future task performance no longer are required. Blocked data shall be marked with a corresponding endorsement; they may no longer be used or transmitted. A cancellation of the blocking is possible if its prerequisites are subsequently omitted. Unofficial table of contents

§ 14 File arrangements

(1) For each automated file at the Federal Office for the Protection of the Constitution in accordance with § 6 or § 10, a file arrangement requiring the approval of the Federal Ministry of the Interior shall be determined:

1.

Name of the file,

2.

Purpose of the file,

3.

Requirements for storage, transmission and use (affected persons, types of data),

4.

Delivery or input,

5.

access authorization,

6.

Verification periods, period of storage,

7.

Logging.

The Federal Commissioner for Data Protection and Freedom of Information is to be consulted prior to the adoption of a file arrangement. (2) The storage of personal data shall be limited to the necessary degree. The necessity to continue or change the files is to be checked at reasonable intervals. (3) The file arrangement via automated personal text files shall restrict access to persons who are directly responsible for the transfer of personal data. are entrusted with work in the field to which the text files are assigned; extracts from text files may not be transmitted without the accompanying explanatory documents. Unofficial table of contents

§ 15 Information to the person concerned

(1) The Federal Office for the Protection of the Constitution shall provide the data subject with data stored on his or her person free of charge on request, insofar as he points to a specific situation and a particular interest in the information provided (2) The exchange of information shall be subject to the following conditions:

1.

to endanger the performance of the tasks by the exchange of information,

2.

can be endangered by the exchange of information sources, or the investigation of the state of knowledge or the functioning of the Federal Office for the Protection of the Constitution is to be feared,

3.

the information would endanger public safety or would otherwise harm the good of the federal or a country, or

4.

the data or the fact of storage must be kept secret in accordance with a law or by its nature, in particular because of the overriding legitimate interests of a third party.

The decision shall be taken by the head of the authority or by an employee who is particularly representative of the authority. (3) The obligation to provide information does not extend to the origin of the data and the recipients of transfers. (4) The refusal of the exchange of information does not require any justification in so far as it would jeopardide the purpose of denial of information. The reasons for refusing to provide information are to be informed. If the exchange of information is rejected, the person concerned should be informed of the legal basis for the lack of justification and of the fact that he can contact the Federal Commissioner for Data Protection. The Federal Commissioner for Data Protection shall be informed of his request, unless the Federal Ministry of the Interior determines in individual cases that this would endanger the security of the Federal Government or of a country. Notifications from the Federal Commissioner for the person concerned must not allow any conclusions to be drawn regarding the state of knowledge of the Federal Office for the Protection of the Constitution, unless it agrees to further information. Unofficial table of contents

§ 16 Reporting obligation of the Federal Office for the Protection of the Constitution

(1) The Federal Office for the Protection of the Constitution shall inform the Federal Ministry of the Interior of its activities. (2) The information referred to in paragraph 1 shall also serve to educate the public by the Federal Ministry of the Interior on efforts and Activities in accordance with § 3 (1), which shall be carried out at least once a year in a summary report. Personal data may also be disclosed if the disclosure is necessary for the understanding of the connection or presentation of organisations or unorganized groupings and if the interests of the general public are the overriding interest of the person concerned. The report indicates the federal budget grants to the Federal Office for the Protection of the Constitution and the Military shielding service, as well as the total number of its employees.

Third Section
Transmission rules

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Section 17 Admissibility of requests

(1) Where personal data are requested in accordance with the provisions of this section, only the data which are known to the requested authority or which may be taken from publicly available sources may be transmitted. (2) The provisions of paragraph 1 shall not apply to special requests by the Office for the Protection of the Constitution, the Military Shielding Service and the Federal Intelligence Service to include such data which are known in the course of the exercise of border police duties. The Federal Ministry of the Interior, in consultation with the Federal Chancellery and the Federal Ministry of Defence, regulates the admissibility of these special requests and their execution in a service instruction. It shall inform the parliamentary control body of its adoption and any necessary amendments. Sentence 2 and 3 shall not apply to the special requests made between authorities of the same Federal State. (3) As far as this is necessary for the performance of the duties of the Federal Office for the Protection of the Constitution, the Military shielding service and the Federal Intelligence Service. , these authorities may have a person or a person or a person referred to in Article 36 (1) of Council Decision 2007 /533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II) referred to in the police information system for the notification of the arrival , if the conditions of Article 36 (3) of Council Decision 2007 /533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen information system (SIS II), as well as actual There are indications of cross-border traffic. In the event of an arrival, the authority of the issuing authority may submit information to the issuing authority in accordance with Article 37 of Council Decision 2007 /533/JHA. Invitations to tender shall be issued by the head of the authority, his representative or a staff member who has been specially appointed for this purpose and who has the competence to judge the judge. The invitation to tender shall be limited to a maximum of six months and may be ordered on a number of occasions. If the conditions for the invitation to tender are no longer met, the purpose of the measure is reached or if it becomes apparent that it cannot be reached, the invitation to tender must be deleted immediately. Article 8a (6) shall apply in accordance with the provision that the Federal Ministry of Defence and the Federal Ministry of Defence shall be replaced by the Federal Ministry of Defence in accordance with Section 8a (4) sentence 4 by the German Federal Ministry of Defense and for calls for tenders by the Military shielding service. the Federal Intelligence Service is the Federal Chancellery. Unofficial table of contents

Section 18 Transmission of information to the constitutional protection authorities

(1) The authorities of the federal government, the federal direct legal persons under public law, the public prosecutors ' offices and, subject to the state administration, the police officers, the authorities of the customs service and the Other customs services, in so far as these tasks are carried out in accordance with the Federal Police Act, shall inform the Federal Office of the Protection of the Constitution or the Office for the Protection of the Constitution of the country of the facts which have been disclosed to them, the security-threatening or intelligence-related activities for a foreign Make or wish to see within the scope of this Act, which are directed against the protection goods referred to in § 3 (1), (3) and (4) by means of force or preparatory acts directed to it. The provisions of the Act concerning the Military shielding service or the Federal Intelligence Service Act shall remain unaffected by the provisions of the first sentence of the Act. Sentence 1 shall not apply to the transmission of information between authorities of the same federal state. (1a) The Federal Office for Migration and Refugees shall be sent from the Federal Office for the Protection of the Constitution, the immigration authorities of a Country shall transmit to them information which has become known to them, including personal data on aspirations or activities in accordance with § 3 (1), if there is actual evidence that: the transmission for the performance of the tasks of the constitutional protection authority is required. The transmission of these personal data to foreign public authorities as well as to over-and inter-governmental bodies in accordance with section 19 (3) does not apply even if the overriding legitimate concerns of third parties are in conflict with others. The Federal Office for Migration and Refugees is to be involved before a transmission in accordance with Section 19 (3). § 8a (6) of the Federal Office for the Protection of the Constitution shall apply mutatis-ly to these transmissions. The responsibility and the procedure for the decision of the Federal Office for Migration and Refugees for the transfer to the first sentence are to be laid down in a service provision which requires the approval of the Federal Ministry of the Interior. (2) The Public prosecutors and, subject to the State attorney's authority, the police, the customs service authorities and other customs services, insofar as these tasks are carried out in accordance with the Federal Police Act, and the Federal Intelligence Service may be a member of the Federal Office for the Protection of the Constitution or the Federal Office of the If there are actual indications that the transmission of the information for the country of the country of the country of the country is subject to the law, the country's own body shall also communicate to the other information, including personal data, about the aspirations of Article 3 (1). Fulfilment of the tasks of the Constitutional Protection Agency is required. (3) The Federal Office for the Protection of the Constitution may, in order to carry out its duties, the Public Prosecutor's Office and, subject to the state-of-the-art power of leftists, the police and other authorities for the transmission of request the information, including personal data, necessary for the performance of its tasks, if it is not made up of publicly available sources or only with excessive effort or only by a more incriminating effect on the person concerned. Measures may be taken. Under the same conditions, the constitutional protection authorities of the countries

1.

Federal and State authorities of public law,

2.

Public prosecutors and, subject to the state-of-the-law powers of the state-of-the-law, police officers of the federal and other countries request the transmission of such information.

(3a) In order to fulfil its duties, the Federal Office for the Protection of the Constitution and the constitutional protection authorities of the Länder may request the financial authorities to request information on whether a corporation, association of persons or property is subject to the conditions laid down in § 5 Paragraph 1 (9) of the Corporate Tax Law. The financial authorities must provide the applicant authority with the information provided for in the first sentence of sentence 1. (4) If the transmission referred to in the first sentence of paragraph 3 jeopardises the purpose of the measure or disproportionately affects the person concerned, the Federal Office shall be entitled to: (5) The requests referred to in paragraph 3 are to be informed of the requests made pursuant to paragraph 3. The Federal Office for the Protection of the Constitution shall provide proof of the inspection in accordance with paragraph 4, which shall show the purpose and the cause, the requested authority and the file reference; the evidence shall be kept separately, against to secure unauthorized access and to destroy at the end of the calendar year following the year of its preparation. (6) The transfer of personal data, which has become known as a result of a measure pursuant to § 100a of the Code of Criminal Procedure, is in accordance with the provisions of paragraphs 1, 2 and 3, only if there are actual indications of insist that someone be planning, committing or committing any of the offences referred to in Article 3 (1) of Article 10 of the Act. § 4 (1) and (4) of the Article 10 Act shall apply to the knowledge and documents submitted to a constitutional protection authority in accordance with the first sentence of the first sentence. Unofficial table of contents

Section 19 Transfer of personal data by the Federal Office for the Protection of the Constitution

(1) The Federal Office for the Protection of the Constitution may transmit personal data to domestic public authorities where this is necessary for the performance of its tasks or if the recipient of the data is required to protect the democratic free- Basic order or otherwise required for public safety purposes. The recipient may only use the transmitted data, unless otherwise provided by law, for the purpose for which it was transmitted to him. (2) The Federal Office for the Protection of the Constitution may provide personal data to the services of the In so far as the Federal Republic of Germany is required to do so within the framework of Article 3 of the Additional Agreement to the Agreement between the parties to the North Atlantic Treaty on the legal status of its troops with regard to the Agreement between the parties to the Convention on the Status of the North Atlantic Treaty Federal Republic of Germany stationed foreign troops on 3 August 1959 (BGBl. (3) The Federal Office for the Protection of the Constitution may transmit personal data to foreign public authorities and to national and international bodies if the transmission is necessary for the performance of its tasks. or in order to maintain significant security interests of the recipient. The transmission does not take place if the foreign interests of the Federal Republic of Germany or the overriding legitimate interests of the person concerned are contrary to it. The transmission must be made actended. The recipient must be informed that the transmitted data may only be used for the purpose for which it was transmitted to him, and the Federal Office for the Protection of the Constitution reserves the right to provide information on the use of the data (4) Personal data may be transferred to other bodies only if this is intended to protect the basic democratic order, the state or the security of the federal government or of a country or to ensure the Security of institutions that are important to life or defence in accordance with § 1 (4) of the Security review law is required. Transfers in accordance with sentence 1 require the prior consent of the Federal Ministry of the Interior. The Federal Office for the Protection of the Constitution provides proof of the purpose, the instigation, the file reference and the recipients of the transmissions according to sentence 1. The evidence shall be kept separately, shall be secured against unauthorised access and shall be destroyed at the end of the calendar year following the year of its preparation. The recipient may use the data transmitted only for the purpose for which it has been transmitted to it. The recipient should be informed of the usage limit and the fact that the Federal Office for the Protection of the Constitution reserves the right to request information on the use of the data. The transfer of the personal data is to be communicated to the person concerned by the Federal Office for the Protection of the Constitution, as soon as there is no longer any risk to his performance by the communication. (5) Paragraph 4 does not apply, where personal data for the purpose of data collection pursuant to § 8 (1) sentence 2 are transmitted to bodies from which the data are collected or which are involved in it. By way of derogation, paragraph 4, sentences 5 and 6 shall apply in cases where the collection of data is not carried out with the means referred to in Article 8 (2). Unofficial table of contents

§ 20 Transmission of information by the Federal Office for the Protection of the Constitution to law enforcement and security authorities in matters of state and constitutional protection

(1) The Federal Office for the Protection of the Constitution shall transmit to the Public Prosecutor's Office and, subject to the State Prosecution Authority, the police force of the information disclosed to him, including personal data, if there is any real evidence that the transmission is necessary to prevent or prosecute state-protection offences. The offences referred to in § § 74a and 120 of the Courts Constitution Act and other offences in which, due to their objective, the motive of the perpetrator or their connection to an organisation, are the offences referred to in § § 74a and 120 of the Law on the Rights of the Court of Justice. whereas there is evidence that they are directed against the protection goods referred to in Article 73 (10) (b) or (c) of the Basic Law; The Federal Office for the Protection of the Constitution shall transmit to the Federal Intelligence Service the information which has been disclosed to it, including personal data, if there are actual indications that the transmission of information for the (2) The Federal Office for the Protection of the Constitution (Bundesamt für constituschutz) may be required to provide the necessary information, including the provision of information, to prevent the use of the necessary information, including the provision of information, and to ensure that the necessary information is provided. of personal data. In order to fulfil its duties, the Federal Intelligence Service may request the Federal Office for the Protection of the Constitution to transmit the necessary information, including personal data. Unofficial table of contents

Section 21 Transfer of information by the constitutional protection authorities of the countries to law enforcement and security authorities in matters of state and constitutional protection

(1) The constitutional protection authorities of the Länder shall transmit to the public prosecutors and, subject to the state of the state administration, the police information, including personal data, under the conditions laid down in § 20 The first sentence of paragraph 1 and the first sentence of the first sentence of paragraph 2. Sentence 1 shall not apply to the transmission of information between authorities of the same federal state. (2) The constitutional protection authorities of the Länder shall transmit information to the Federal Intelligence Service and to the Military shielding service. including personal data under the conditions set out in § 20 (1) sentence 3 and (2) sentence 2. Unofficial table of contents

Section 22 Transmission of information by the public prosecutors and police forces to the Military shielding service

For the transmission of information, including personal data, by the Public Prosecutor's Office and, subject to the State attorney's power, the police, the customs service authorities and others Customs services, insofar as these tasks are carried out in accordance with the Federal Police Act, are to be applied to the Military shielding service in accordance with § 18. Unofficial table of contents

Section 22a Project-related joint files

(1) The Federal Office for the Protection of the Constitution may be responsible for the duration of a temporary project-related cooperation with the state authorities for the protection of the constitution, the Military shielding service, the Federal Intelligence Service, the Federal Police Office and the Federal Office for the Protection of the Constitution, and the Federal Government. of the countries and the Customs Crime Office to establish a common file. Project-related cooperation shall, in accordance with the tasks and powers of the authorities referred to in the first sentence, aim at the exchange and joint evaluation of findings on efforts to be made by the use of force or on the basis of Preparatory actions are directed against the protection goods referred to in § 3 (1) (1) to (4). Personal data relating to the aspirations 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 the case in the context of the The performance of their duties is required. 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 as well. The authority that has entered the data has to identify the data. (3) For the management of a project-related joint file, § 6 sentences 5 to 7 and § 14 para. 2 shall apply accordingly. § 15 shall apply with the proviso that the Federal Office for the Protection of the Constitution shall provide the information in agreement with the authority which bears the responsibility for data protection in accordance with the first sentence and the competent authority shall be entitled to the admissibility of the (4) The joint 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 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 achievement 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 respective provisions applicable to them concerning the correction, blocking and deletion of the data accordingly. (6) The Federal Office for the protection of the constitution, the data according to § § 14 (1), first sentence, Nos 1 to 7, and further:

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 which procedures,

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 data for the determination of the recorded data record as well as the authority responsible for the retrieval from the joint file by the Federal Office for the Protection of the Constitution for the purposes of the Data protection control, including the purpose of the protocol data and the deletion period thereof, and

9.

the responsibility of the Federal Office for the Protection of the Constitution for claims for damages by the person concerned in accordance with § 8 of the German Federal Data Protection Act.

The file arrangement requires the approval of the Federal Ministry of the Interior as well as of the top federal or state authorities responsible for the supervision of the subject by the authorities involved. The Federal Commissioner for Data Protection and Freedom of Information is to be heard before the adoption of a file arrangement. Section 14 (3), first sentence, 1 shall apply accordingly. Unofficial table of contents

§ 23 Delivery prohibitions

The transmission in accordance with the provisions of this section shall not apply if:

1.

it is clear to the transmitting body that, taking into account the nature of the information and its collection, the interests worthy of the person concerned outweigh the general interest in transmission,

2.

overriding security interests so require or

3.

, the obligation to comply with legal provisions on confidentiality, or the obligation to comply with professional secrecy or professional secrecy, which are not based on statutory provisions, shall remain unaffected.

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Section 24 Protection of minors

(1) Information including personal data on the conduct of minors may be transmitted in accordance with the provisions of this Act, as long as the conditions of storage pursuant to § 11 (1) sentence 1 are fulfilled. If these conditions are no longer available, transmission shall be permitted only if it is necessary for the defence of a significant risk or for the prosecution of a criminal offence of significant importance. (2) Information, including personal data on the conduct of minors prior to completion of the 16 In accordance with the provisions of this Act, they may not be sent to foreign and national or international bodies. By way of derogation, information, including personal data, on the behaviour of minors, shall be permitted by the 14. May be transmitted if, in the circumstances of the individual case, it cannot be ruled out that the transfer is necessary for the defence of a serious risk to a person's life or life, or that the transfer is effective There is evidence that the transfer is necessary for the prosecution of one of the offences referred to in Article 3 (1) of Article 10 of the Law. Unofficial table of contents

Section 25 Obligations of the recipient

The addressee shall examine whether the personal data transmitted under the provisions of this Act are necessary for the performance of his duties. If the examination shows that they are not necessary, he has to destroy the documents. The destruction cannot be carried out if the separation of other information required for the performance of the tasks is not possible or is only possible with an undue effort; in this case, the data must be blocked. Unofficial table of contents

§ 26 Post-disclosure obligation

If, after transmission in accordance with the provisions of this Act, personal data prove to be incomplete or incorrect, they shall be corrected without delay to the addressee, unless this is for the purpose of assessing a It is not important to do so.

Fourth Section
Final provisions

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§ 27 Application 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 according to § 3 by the Federal Office for the Protection of the Constitution.