Law on the Customs Crime Office and the Customs Customs Offices

Original Language Title: Gesetz über das Zollkriminalamt und die Zollfahndungsämter

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Law on the Customs Crime Office and the Customs Debt Service Act (Customs Debt Service Act-ZFdG)

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ZFdG

Date of completion: 16.08.2002

Full quote:

" Customs Code of Merit of 16 August 2002 (BGBl. 3202), as last amended by Article 2 (3) of the Law of 12 June 2015 (BGBl). 926).

Status:

Last amended by Art. 2 Abs. 3 G v. 12.6.2015 I 926

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof: 24.8.2002 + + +)

The G was referred to as Article 1 (d). G v. 16.8.2002 I 3202 of the Bundestag, with the majority of its members and with the approval of the Bundesrat, decided. It's gem. Article 11 of this Act entered into force on 24 August 2002. Unofficial table of contents

Content Summary

Chapter 1
Organization

§ 1	Authorities of the Customs Service
§ 2	Central Office
Chapter 2
Customs Crime Office

Section 1
Duties of the Customs Crime Office
Duties of the Customs Crime Office
§ 3	Tasks as central office
§ 4	My Tasks
§ 5	Safeguards and protection measures

Section 2
Powers of the Customs Crime Office
§ 6	Right of instruction
§ 7	Data collection and processing of the central office
§ 8	Collection of personal data from the Central Office
§ 9	Collections of personal data for the observation of certain forms of transport
§ 10	Collections of personal data for the purposes of the tender procedure
§ 11	Customs Information System
§ 12	Data protection legal responsibility in the customs information system
§ 13	Provision of information to the Central Office for the Customs Information System
§ 14	Coordination and steering of investigations
§ 15	Collection and collection of personal data for the performance of your own tasks
§ 16	Powers under investigation
§ 17	Use of data from criminal proceedings
§ 18	Data collection by longer-term observational
§ 19	Data collection due to the hidden use of technical means for the production of image recordings and image recordings
§ 20	Data collection by the hidden use of technical means for listening and recording of the unspoken word
Section 21	Data collection by the use of private persons, whose cooperation with the Customs Crime Office is not known to third parties
Section 22	Self-assurance through the use of technical means outside of apartments
Section 22a	Self-assurance through the use of technical means within apartments
Section 23	Powers in respect of safeguards and protection

Section 3
Preventive telecommunications and post-surveillance
Section 23a	Limitation of postal, postal and telecommunications secrecy
§ 23b	Court order
Section 23c	Implementing provisions
§ 23d	Transfer by the Customs Criminal Office
§ 23e	Confidentiality of Obligations
§ 23f	(dropped)
§ 23g	Collection of traffic data

Chapter 3
Customs faiths

Section 1
Duties of the customs authorities
§ 24	General tasks
Section 25	Special tasks

Section 2
Powers of the customs authorities
Section 26	General powers
§ 27	Powers to collect and process data
§ 28	Data collection by longer-term observational
§ 29	Data collection due to the hidden use of technical means for the production of image recordings and image recordings
§ 30	Data collection by the hidden use of technical means for listening and recording of the unspoken word
Section 31	Data collection by the use of private persons, whose cooperation with the customs authorities is not known to third parties
Section 32	Self-assurance through the use of technical means outside of apartments
Section 32a	Self-assurance through the use of technical means within apartments

Chapter 4
Common provisions

Section 32b	Ensuring, safekeeping and recycling
Section 32c	Support by police officers of the federal and state governments
§ 33	Data transmission in the national field
Section 34	Data transfer abroad as well as to over-or inter-governmental agencies
§ 34a	Transfer of personal data to Member States of the European Union
§ 35	Prohibition of delivery and refusal of refusal
§ 35a	Use of data transmitted in accordance with Council Framework Decision 2006 /960/JHA
§ 36	Reconciliation of personal data
Section 37	Processing and use of personal data for scientific research
§ 38	Further use of data
§ 39	Rectification, erasure and blocking of personal data in the case of automated processing and storage in non-automated files
§ 40	Rectification, blocking and destruction of personal data which are neither automated nor stored in a non-automated file
Section 41	Erection Order
§ 41a	Compensation for benefits
§ 42	Damage compensation
Section 43	Application of the Federal Data Protection Act
Section 44	Limitation of fundamental rights

Chapter 5
Criminal and penal rules

§ 45	Criminal provisions
Section 46	Fines
§ 47	(dropped)

Chapter 1
Organization

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§ 1 Authorities of the Customs Service

(1) Authorities of the Customs Service are the Customs Office as the central authority and the customs authorities under the Customs Code as local authorities within the remit of the Federal Ministry of Finance. (2) The duties of the Customs Crime Office from the The Federal Ministry of Finance can be transferred to the Federal Finance Directorates (Bundesfinanzdirektionen). Unofficial table of contents

§ 2 Central Office

The Customs Criminal Office is the central office of the Customs Service and is also one of the central offices for the customs administration's information and communication services.

Chapter 2
Customs Crime Office

Section 1
Duties of the Customs Crime Office

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§ 3 Tasks as Central Office

(1) The Customs Office shall assist the other authorities in the customs administration

1.: in securing the tax revenue and the monitoring of expenditure under Community law, and
2.: in the detection of unknown tax cases and in the prevention and prosecution of criminal offences and administrative offences, which they have to investigate and prosecuate.

It shall take urgent measures to carry out the duties of the customs administration authorities. (2) The Customs Office shall carry out the task of independent market monitoring for the customs service and shall, in so doing, carry out the task of national, intra-Community, international and international trade in goods, capital and services, and appropriate measures for the prevention and detection of infringements in the area of competence of the customs authorities; (3) The Customs Crime Office shall maintain the Customs clearance service and the other services of the customs administration which are responsible for the customs clearance information system in accordance with this Act. (4) The Customs Crime Office shall carry out the task of a collection and transmission point for data in national and international information systems, to which the authorities of the customs administration are connected, provided that the Federal Ministry of Finance does not designate another customs service for the collection and transmission site. (5) Customs Crime Office coordinates and directs the investigation of the Customs fainting offices. The same applies to investigations carried out by other departments of the customs administration, in so far as they do not lead the investigation independently within the meaning of Section 386 (2) of the German Tax Code, but not in investigations in the field of combating illegal activities. Employment. The Customs Office shall assist the customs authorities in accordance with the provisions of paragraph 8. It also assists other departments of the customs administration in investigations, in so far as they do not carry out the investigations independently within the meaning of Section 386 (2) of the German Tax Code. The Customs Criminal Office takes the necessary coordination tasks with the competent public authorities of other States in the case of an investigation as a national contact person. (6) The Customs Crime Office operates as the central office of the customs administration.

1.

in the field of official and legal assistance and other services under the jurisdiction of the customs administration in accordance with the conditions laid down in

a): agreements of international law or other legislation with public authorities of other States and intergovernmental bodies,
b): European Community law or other law of the European Union and bodies of the European Community and of the European Union, and

2.

with associations and institutions,

as far as the Federal Ministry of Finance does not carry out these tasks itself or transfers it to another customs authority. For this purpose, the Customs Crime Office maintains information systems in accordance with international agreements and other legal provisions. (6a) The Federal Ministry of Finance can perform tasks relating to the application of the Framework Decision to the Customs Criminal Office. 2006 /960/JHA of the Council of 18 December 2006 on the simplification of the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union (OJ L 327, 30.12.2006, p. 89, L 75, 15.3.2007, p. 26). The transfer requires the agreement of all the supreme financial authorities of the countries. Transferable tasks are to be carried out in order to support the commercial transactions between the tax authorities of the national financial authorities and the police authorities or other competent authorities responsible for the prevention and prosecution of criminal offences. Entities of a Member State of the European Union or of a Schengen-Associated State within the meaning of Article 91 (3) of the Law on International Mutual Assistance in Criminal Matters. (7) The Customs Crime Office acts in the field of technical training of the Customs officers to customs officers and to their continuing training. It is the educational institution of the Federal Finance Administration. (8) The Customs Crime Office has the central office in support of the customs authorities and other investigative authorities of the customs administration.

1.: to maintain recognition services and collections,
2.: maintain facilities for criminal and technical investigations and for criminal-scientific research in the field of customs administration,
3.: to provide the necessary operational assistance, in particular through the use of covert investigators for the prosecution and the provision of special units and specific means, and
4.: To compile customs-specific analyses, statistics and information, and to monitor the development of crime under the customs administration.

(9) In order to carry out the tasks referred to in paragraphs 1 to 6 and 8 as well as in accordance with § § 4 and 5, the Customs Office shall be responsible for carrying out the tasks.

1.: collect and evaluate all the information required for this purpose, and
2.: to inform the customs authorities and other customs services of the findings concerning them.

(10) The customs authorities shall transmit to the customs office the information necessary for the performance of the duties referred to in paragraphs 1 to 6 and 8 to 9, as well as § § 4 and 5. Section 116 of the Tax Code and Section 6 of the Law on subsidies of 29 July 1976 (BGBl. I p. 2034, 2037) in the current version remain unaffected. (11) The Customs Crime Office prepares criminal-scientific opinions on request of financial authorities, public prosecutors and courts. In addition, it produces guidance documents and expert opinions on the safety of vehicles and containers. Unofficial table of contents

§ 4 My Tasks

(1) In cases of particular importance, the Customs Crime Office may carry out the duties of the customs authorities in the field of law enforcement and carry out the investigation itself. In these cases, the Customs Office is responsible for the implementation of recognition service measures in accordance with § 81b of the Code of Criminal Procedure. (2) The Customs Crime Office is responsible for the supervision of the External trade, in particular by means of measures to prevent criminal offences or administrative offences, to detect unknown offences and to provide for the prevention of future criminal proceedings under the jurisdiction of the customs administration. (3) Customs Office acts in the supervision of cross-border trade in goods by: Measures for the prevention of criminal offences or administrative offences, the detection of unknown criminal offences and the prevention of future criminal proceedings under the jurisdiction of the customs administration. (4) The Customs Crime Office acts in the fight against the crime. International organized money laundering in accordance with § § 1, 12a to 12c and 31a of the Customs Administration Act. Unofficial table of contents

§ 5 Protection and protection measures

(1) In the cases of § 3 (1) and (5) sentences 1 to 4 as well as § 4, the customs criminal office shall be responsible for securing the officials employed and the protection of third parties and essential assets, to the extent that:

1.: otherwise, the performance of its tasks under the said rules would be threatened, or
2.: Protection and protection measures are necessary to prevent the risk of limb, life, health, freedom of decision-making and operation of the persons mentioned above or for essential assets in an individual case.

(2) In cases in which investigations are carried out in accordance with Section 4 (1) itself or by a customs investigation office, the Customs Criminal Office shall be responsible for the protection of persons whose testimony is or has been relevant to the investigation of the truth. The same applies to their relatives and other persons close to them. In individual cases, witness protection measures can be carried out by agreement between the customs criminal office and police authorities by police officers of these authorities. The powers of the police authorities to take the necessary measures to prevent the risks of the persons referred to in sentences 1 and 2 shall remain unaffected.

Section 2
Powers of the Customs Crime Office

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§ 6 Weisungsrecht

The Customs Criminal Office may issue technical instructions to the customs authorities for the performance of their duties and to carry out their own duties. In addition, Section 8 (3), second sentence, and 3 of the Finance Management Act shall apply accordingly. Unofficial table of contents

Section 7 Data collection and processing of the central office

(1) The Customs Crime Office may collect, store, modify and use personal data to the extent that this is necessary for the performance of its tasks as a central office. (2) The Customs Crime Office may in cases where data already exists for one person (3) If assessments are stored, it must be possible to determine where the documents are to be written. (4) The Customs Crime Office shall be entitled to: (5) In so far as it is necessary for the performance of the tasks as a central office pursuant to § 3, the person who is responsible for the performance of his/her duties shall be entitled to: shall be required to provide information on the data collected in accordance with § § 95 and 111 of the Telecommunications Act (§ 113 paragraph 1 sentence 1 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 (6) The information referred to in paragraph 5 may also be provided on the basis of a date allocated at a specific time. Internet Protocol address required (Section 113 (1) sentence 3 of the Telecommunications Act). (7) Requests for information pursuant to the second sentence of paragraph 5 may only be ordered by the court at the request of the head of the authority or his representative. In the event of danger in default, the order may be made by the head of the authority or his representative. In such a case, the judicial decision shall be taken immediately. Sentences 1 to 3 shall not apply if the person concerned is already aware of or has to be informed of the request for information, or if the use of the data is already permitted by a court decision. The existence of the conditions set out in the fourth sentence shall be taken into account. § 18 (3) sentences 5 and 6 shall apply accordingly. (8) The person concerned shall be notified of the information provided in the cases referred to in the second sentence of paragraph 5 and paragraph 6 of this paragraph. The notification shall be made as far as and as soon as hereby the purpose of the information is not foiled. 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 sentence 3, the reasons are to be informed. (9) On the basis of a request for information in accordance with paragraph 5 or 6, the person who has business telecommunications services shall have the right to request information. , or shall be involved in providing the data necessary for the exchange of information without delay. Unofficial table of contents

§ 8 Collections of personal data of the Central Office

(1) The Customs Crime Office may not, however, in the area of the prosecution of criminal offences, comply with its tasks pursuant to § 3 (1), (3), (4) and (6).

1.

the personal data of persons accused of criminal proceedings and those affected by an administrative offence, who are or have been the competent authorities of the customs administration,

2.

to the extent necessary to identify the persons referred to in paragraph 1

a): other appropriate characteristics and
b): in the case of persons who have been born abroad or who have a marriage abroad, the names of the parents and the spouse,

3.

the name of the office-leading office and the file number,

4.

the tides and the crime scenes, and

5.

the accusations by indicating the legal provisions and the description of the offences or administrative offences

Save, change and use. § 88a of the Tax Code remains unaffected. (2) Further personal data of accused persons and personal data of persons suspected of a criminal offence may only be stored by the Customs Crime Office for the purposes referred to in paragraph 1, alter and use, as far as is necessary, because of the nature or execution of the act, the personality of the person concerned or other evidence, there is reason to believe that criminal proceedings against the accused person or the suspect (3) If the accused is legally acquitted, the opening of the opening shall be of the main proceedings against him shall be rejected or the proceedings not only provisionally closed, the storage, modification and use shall be inadmissible if the reasons for the decision show that the person concerned does not depart from the act or has not committed any illegal activity. Sentence 1 shall apply in the event of a cessation or a final acquittal in accordance with an administrative offence. (4) Personal data of such persons who may be considered as witnesses in the event of a future prosecution, as well as of Contact persons and accompanying persons of accused persons, whistleblowers and other persons of information may only be stored, modified and used as far as this is concerned with the prevention or prevention of the future prosecution of a crime of significant importance. Meaning is required. Only the data referred to in the first sentence of paragraph 1 (1) (1) to (3) shall be stored, modified and used, as well as the person's property and the claim to which the data is stored. Personal data relating to witnesses, whistlebloc providers and other information providers in accordance with the first sentence may only be stored with the consent of the person concerned, unless the disclosure of the storage intent of the data subject to the storage of such data (5) Personal data of other persons may be stored, altered and used by the Customs Criminal Office if certain facts justify the assumption that the offences concerned are of considerable importance , and the storage, modification or use of the data for the prevention of these (6) The Customs Crime Office may, in order to carry out its tasks pursuant to § 3 (8) No. 1, store, modify and use personal data collected in the course of the implementation of recognition service measures, if:

1.: a piece of legislation permits,
2.: this is necessary because, in the case of accused persons or persons suspected of a criminal offence, the nature or execution of the offence, the personality of the persons concerned or any other evidence, there is reason to believe that the person concerned shall be subject to such a criminal offence. persons shall be subject to criminal proceedings; or
3.: the data were collected in accordance with section 23 (1) no. 4.

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§ 9 Collections of personal data for the observation of certain forms of transport

(1) Insofar as it is necessary for the performance of its tasks in accordance with § 3 (9) No. 1 in conjunction with § 3 (1) sentence 1, the customs criminal office shall be entitled to provide personal data of persons who are involved in the national, intra-Community, cross-border and international trade in goods, capital and services, collect, store, modify and use. The customs office shall, where necessary, be required to:

1.: information on the person of the person concerned,
2.: the referral body and
3.: Nature and content of information

collect, store, modify and use. The use of personal data stored in other collections of the customs administration shall be permitted insofar as it is necessary for the performance of the duties of the Customs Crime Office. § 88a of the Tax Code shall remain unaffected. (2) Insofar as it is necessary for the performance of its tasks pursuant to Section 3 (9) in conjunction with Section 3 (2), the Customs Crime Office may, for the purposes of market monitoring, be subject to the national, intra-Community, Observe, store, modify and use the names and addresses of persons and capital companies, individual traders as well as commercial enterprises for the purpose of this, cross-border and international trade in goods, capital and services. The use of personal data stored in other collections of the customs administration is permitted for this purpose, to the extent that:

1.: it is required for the performance of the duties of the Customs Crime Office pursuant to § 3 (9) in conjunction with § 3 para. 2 and
2.: they are not personal data stored in information systems for the purpose of merchandise production.

(3) The Customs Crime Office may also use the data stored in accordance with paragraphs 1 and 2 in order to carry out its other tasks as a central office. Unofficial table of contents

§ 10 Collections of personal data for the purposes of the tender procedure

(1) The Customs Crime Office may store, modify and use personal data for the purposes of the alert of the person concerned for the purposes of customs supervision, if actual evidence justifies the assumption that the person concerned is within the scope of the national, intra-Community, cross-border or international trade in goods, capital or services, which is of considerable importance in the field of customs administration. Where actual evidence justifies the assumption that means of transport are used for the purpose of committing such infringements, the customs office may also provide personal data for the purpose of the tendering procedure for the purpose of monitoring the customs procedure. store, modify and use this means of transport. If the customs office of the customs office has not initiated the invitation to tender, it shall bear the responsibility for the admissibility of the measure. In its request, it has to designate the appropriate measure and the scope and duration of the call for tenders. (2) Is a call for tenders for the identification and information or the covert registration provided for in Article 5 (1) of Decision 2009 /917/JHA of 30 November 2009 on the use of information technology in the customs field (OJ C 327, 28.11.2009, p. 20, L 234, 4.9.2010, p. 17) or Article 27 (1) of Council Regulation (EC) No 515/97 of 13 March 1997 on mutual assistance between the administrative authorities of the Member States and cooperation between them Authorities with the Commission with a view to the correct application of the law on customs and agricultural legislation (OJ L 327, 22.3.2004, p 1), as last amended by Regulation (EC) No 766/2008 (OJ L 327, 22.12.2008, p. 48) has been entered into the relevant information system by a body of the Federal Republic of Germany, the customs office of crime, in agreement with the body which has initiated the invitation to tender, has the following: Notify those concerned of the measure after the tender notice has been completed, unless the notification is provided for by other statutory provisions. The notification shall not be notified if it jeopardises the implementation of a legitimate task in connection with the call for tenders. The body responsible for the invitation to tender shall inform the customs office of the customs office of erasure and whether the person concerned may be notified. (3) In the case of invitations to tender referred to in paragraphs 1 and 2, Section 13 (1) shall apply. (4) Customs Crime Office may store, modify and use personal data, insofar as this is used for the purpose of detecting persons who are responsible for the suspicion or proof of an unlawful act of a judicial detention (5) The customs criminal office shall be entitled to the name of the files to store, modify and use the file number for the maintenance of facilities for criminal-scientific and technical investigations in accordance with § 3 paragraph 8 no. 2. Unofficial table of contents

§ 11 Customs Information System

(1) In the context of its tasks according to § 3 (1) and 3 (3) of the Central Office for the Electronic Data Network, the Customs Crime Office shall be between the departments which are connected to the customs intelligence information system. With the agreement of the Federal Ministry of Finance, the Customs Crime Office shall determine the collections of personal data to be included in the customs information system. (2) The authorities of the customs service, the other persons carrying out the customs duty Services of the Customs Administration and the Federal Criminal Police Office are entitled to participate in the Customs Information System and have the right to enter data for the performance of the obligation pursuant to § 13 in the automated procedure and, as far as this is the case, required task performance is required. In the erection orders according to § 41, for each collection of personal data of the customs intelligence information system, it is necessary to determine which bodies are entitled to enter and retrieve data. § § 8 to 10 apply accordingly. (3) Only the place which has entered data into a person is authorized to change, correct or delete it. Where a participant in the customs information system has evidence that data is incorrect, he shall immediately inform the issuing body of the obligation to examine this communication without delay and, if necessary, to provide the data to change, correct or delete immediately. If data are stored for one person, each participant in the customs information system may enter additional data. (4) If data are retrieved at the customs office, it has an average of every tenth retrieval for the purpose of the customs criminal code. Data protection control the time, the information enabling the determination of the called data records, as well as the service responsible for the retrieval to log. The data logged may be used only for the purposes of data protection control, data protection or for ensuring the proper operation of the data processing system, unless there is evidence to suggest that without their use would be indiscriminately or significantly more difficult to prevent or prosecuve a serious offence against the body, life or freedom of a person. The log data is to be deleted after twelve months. The Customs Crime Office meets the technical and organizational measures in accordance with § 9 of the German Federal Data Protection Act. Unofficial table of contents

§ 12 Responsibility for data protection in the customs information system

(1) The Customs Crime Office has to monitor compliance with the rules governing the management of the customs information system. (2) Within the framework of the customs information system, the responsibility for data protection is incumbable for those at the Central Office. the data stored, including the lawfulness of the survey, the admissibility of the input and the accuracy or timeliness of the data, the bodies which directly enter the data. The responsible body must be fixable. The consignee is responsible for the admissibility of the call in the automated procedure. (3) Information according to § 19 of the Federal Data Protection Act shall be issued by the Customs Office in agreement with the body responsible under paragraph 2. Unofficial table of contents

Section 13 Information of the Central Office for the Customs Information System

(1) The authorities entitled to participate in the Customs Information System shall transmit to the Customs Office the information necessary for the performance of their duties as the central office for this system. (2) Authorities and other public authorities Entities may submit personal data to the Customs Criminal Office from its own authority if there are actual indications that the transmission for the performance of the duties of the Customs Crime Office as the central office for the customs office of criminal (3) The transmission at the request of a customs-based information system shall be of the Customs Crime Office, this is the responsibility of this. In addition, the transmitting body bears the responsibility for the admissibility of the transmission. Unofficial table of contents

Section 14 Coordination and steering of investigations

In order to carry out its duties under Section 3 (5) of the Customs Administration, the Customs Criminal Office may, in so far as they are not self-employed in the sense of Section 386 (2) of the Customs Service, be responsible for the customs administration outside the customs service. Tax Code, give subject-specific instructions. Unofficial table of contents

§ 15 Collection and collection of personal data for the performance of own tasks

(1) In the performance of the duties of the Customs Crime Office in accordance with Section 4 (1) sentence 2, para. 2 to 4 and § 5, § 7 (1) to (3) and § 8 apply accordingly; in the performance of the tasks pursuant to § 4 (2) to (4), § 9 shall also apply with the exception of (2) Insofar as this is necessary for the performance of the tasks pursuant to § 4 (2) to (4), the person who provides or participates in the business of telecommunication services shall be entitled to information on the pursuant to § § 95 and 111 of the Telecommunications Act (Section 113 (1) sentence 1 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 (3) The information referred to in paragraph 2 may also be provided on the basis of a date allocated at a specific time. Internet Protocol address required (Section 113 (1) sentence 3 of the Telecommunications Act). (4) Requests for information pursuant to the second sentence of paragraph 2 may only be ordered by the court at the request of the head of the authority or his representative. In the event of danger in default, the order may be made by the head of the authority or his representative. In such a case, the judicial decision shall be taken immediately. Sentences 1 to 3 shall not apply if the person concerned is already aware of or has to be informed of the request for information, or if the use of the data is already permitted by a court decision. The existence of the conditions set out in the fourth sentence shall be taken into account. § 18 (3) sentences 5 and 6 shall apply accordingly. (5) In the cases referred to in the second sentence of paragraph 2 and in paragraph 3, the person concerned shall be notified of the information provided. The notification shall be made as far as and as soon as hereby the purpose of the information is not foiled. 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 sentence 3, the reasons are to be informed. (6) On the basis of a request for information in accordance with paragraph 2 or 3, the person who has business telecommunications services shall have the right to make a request. , or shall be involved in providing the data necessary for the exchange of information without delay. Unofficial table of contents

Section 16 Additional powers

The customs criminal office and its officials have the powers of the customs authorities; its officials are the investigators of the Public Prosecutor's Office. Unofficial table of contents

§ 17 Use of data from criminal proceedings

The Customs Criminal Office may, in accordance with this Act, collect personal data from criminal proceedings for the prevention of criminal offences or administrative offences within the jurisdiction of the customs administration, as well as for the purposes of self-assurance and witness protection . The use is inadmissible to the extent that special federal regulations preclude the use of the system. Unofficial table of contents

§ 18 Data collection by longer-term observational data

(1) The Customs Crime Office may collect personal data by means of scheduled observation, which shall last for more than 24 hours or be carried out on more than two days or in fact (longer-term observation). over

1.

persons in whom the facts justify the assumption that they are offences of significant importance under the jurisdiction of the customs administration in respect of commercial, habit-residence or tape-related matters; or

2.

persons who justify the assumption that they are not only fleeting or in random contact with a person under point 1 and

a): have knowledge of the preparation of offences referred to in paragraph 1,
b): could take advantage of the exploitation of the deeds, or
c): the person referred to in point 1 could be served for the purpose of committing the offences (contact persons and accompanying persons);

and the prevention of the offence would be unintentionally or significantly impeded in any other way. The survey may also be carried out if third parties are inevitably affected. (2) Measures referred to in paragraph 1 shall also be permitted in the context of external economic surveillance in order to prepare for the implementation of measures pursuant to section 23a. They may at the same time be arranged alongside such measures. (3) Long-term surveillance may only be carried out by the head of the authorities or by a senior civil servant who is responsible for the service. The order must be informed of the relevant reasons and shall be limited to a maximum of 14 days. The extension of the measure requires a renewed arrangement. The decision on the extension of the measure may only be taken by the judge. The district court in whose district the customs criminal office is located is responsible. For the procedure, the provisions of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction, as amended, shall apply. (4) Data obtained by a measure referred to in paragraph 1 shall apply. , shall be marked. After transmission to another body, the marking shall be maintained by the said body. To the extent that the data are not required for the purpose underlying the survey, they are not required in accordance with the Code of Criminal Procedure for the prosecution of a criminal offence and shall no longer be relevant for a notification under paragraph 5 , they must be deleted immediately. The deletion is to be documented. Data which remain stored only for the purpose of a notification pursuant to paragraph 5 shall be blocked; they may only be used for this purpose without the consent of the persons concerned. (5) Persons against which a longer-term observation is arranged , after they have been concluded, they shall be informed by the Customs Crime Office, as soon as this can be done without endangering the purpose of the measure. Information shall not be provided for as long as a criminal investigation is carried out against the person concerned on the same facts and would be jeopardised by the provision of information for the purpose of the investigation; the decision shall be taken by the Public prosecutor's office. (6) In the case of surveillance, the use of technical aids is permissible. Unofficial table of contents

§ 19 Data collection by the concealed use of technical means for the production of image recordings and image recordings

(1) The Customs Crime Office may collect personal data outside of housing by means of the use of technical means for the production of image recordings and image recordings.

1.: persons in whom the facts justify the assumption that they are offences of significant importance under the jurisdiction of the customs administration in respect of commercial, habit-residence or tape-related matters; or
2.: contact persons and accompanying persons,

§ 20 Data collection by the concealed use of technical means for interception and recording of the unspoken word

(1) The Customs Crime Office may collect personal data outside of housing by means of the use of technical means for the purposes of interception and recording of the non-publicly spoken word.

1.: persons in whom the facts justify the assumption that they are offences of significant importance under the jurisdiction of the customs administration in respect of commercial, habit-residence or tape-related matters; or
2.: contact persons and accompanying persons,

Section 21 Data collection by the use of private persons, whose cooperation with the Customs Crime Office is not known to third parties

(1) The Customs Crime Office may collect personal data through the use of private persons, whose cooperation with the Customs Crime Office is not known to third parties.

1.: persons in whom the facts justify the assumption that they are offences of significant importance under the jurisdiction of the customs administration in respect of commercial, habit-residence or tape-related matters; or
2.: contact persons and accompanying persons,

Section 22 Own security through the use of technical means outside of housing

(1) Where the Customs Crime Office acts within the limits of its powers to prevent and prosecud criminal offences and to detect unknown offences, the persons responsible for doing so shall be authorised to provide technical means for the production of images and Use image recordings as well as for interception and recording of the non-publicly spoken word outside of apartments, to the extent that this is essential for the defence of dangers for their body, life or freedom. Measures referred to in the first sentence shall be arranged by the head of the authorities or by a senior civil servant appointed by him. (2) Personal data obtained through the use of technical means of self-assurance shall be prohibited except for the person referred to in (4) The persons concerned shall be informed of the measures taken in accordance with paragraph 1 as soon as this is done without endangering the purpose of the investigation, which shall: public security, the body or life of a person, and the possibility of further Use of the person responsible may take place. The public prosecutor's office decides whether the purpose of the investigation is at risk. Unofficial table of contents

§ 22a Private insurance through the use of technical means within apartments

(1) Where the Customs Crime Office acts within the limits of its powers to prevent and prosecud criminal offences and to detect unknown offences, the persons responsible for doing so shall be authorised to provide technical means for the production of images and Use image recordings as well as for interception and recording of the non-publicly spoken word within apartments, as far as this is essential for the defence of dangers for their body, life or freedom. The measures referred to in the first sentence shall be arranged by the head of the authorities or by a senior civil servant appointed by him. (2) If the core area of private life is concerned, the measure shall be interrupted as soon as this is not jeopardised by the is possible. Records relating to operations relating to the core area of private life shall be deleted immediately. Knowledge of such operations may not be used. The fact of collecting the data and its deletion is to be documented. This data may be used solely for the purposes of data protection control. They shall be deleted if they are no longer necessary for these purposes, but at the latest at the end of the calendar year following the year of documentation. (3) The personal data obtained by means of a measure referred to in paragraph 1 shall be prohibited except for: shall be used only for the purpose referred to in paragraph 1:

1.: prevention of an urgent danger to public safety, in particular a common danger or a risk of life, or
2.: Prosecution of a criminal offence referred to in § 100c of the Code of Criminal Procedure if the lawfulness of the measure was brought to court by the District Court in whose district the Customs Crime Office is established. If the customs criminal office decides on the use of the data on the grounds of danger in default, the decision of the court shall be taken up without delay. The provisions of the law on matters relating to voluntary jurisdiction shall apply mutatily to the procedure.

(4) § 18 (4) and 22 (4) shall apply accordingly. Unofficial table of contents

Section 23 Powers of safeguards and protection

(1) In order to carry out its tasks in accordance with § 5, the customs office shall, in so far as it is not for the protection of endangered witnesses by law, take the necessary measures to take the necessary measures in order to ensure that there is a risk in individual cases for the body, To deny life, health, freedom of decision-making and activation of the persons referred to in § 5 or to the assets of essential assets. In such cases, the customs criminal office shall:

1.: establish the identity of a person, if the person is in the immediate vicinity of the person to be protected or the asset to be protected, and the identification of the identity is based on the situation of the person or the person in question, or According to § 23 (3) sentence 1, 2, 4 and 5 of the Federal Police Act (Bundespolicgesetz), the following shall apply:
2.: require authorization certificates, certificates, certificates, certificates or other documents to be handed out for consideration in so far as it is necessary for the performance of his or her task and the person concerned is obliged to do so by means of a legal provision; To bring documents to the public,
3.: search a person or a thing if he or she is in the immediate vicinity of the person to be protected or the asset to be protected, and if the search is due to the danger situation or to the person or cause is required; § 43 (3) to (5) and § 44 (4) of the Federal Police Act shall apply accordingly,
4.: carry out the recognition service measures referred to in Article 24 (3) of the Federal Police Act, where an identity determination permitted by point 1 is not possible in any other way, or only in considerable difficulty,
5.: to avert a risk to the person to be protected or to the assets to be protected, temporarily refer a person from a place or temporarily prohibit the entry of a place,
6.: ensure that there is a risk for the person to be protected or the asset to be protected against a current risk; in accordance with § § 48 to 50 of the Federal Police Act (Bundespolice Act),
7.: Enter and search an apartment without the consent of the holder, if this is indispensable for the defence of a current danger for the body, life or freedom of a person to be protected; § 46 of the Federal Police Act shall apply accordingly,
8.: take into custody a person, if this is essential, in order to prevent the imminent commission of a criminal offence against the person to be protected or the asset to be protected; § 40 (1) and (2) as well as § § 41 and 42 (1) sentence 1 and 2 of the Federal Police Act shall apply accordingly,
9.: Take measures according to § § 18 to 20.

§ § 15 to 20 of the Federal Police Act apply accordingly. (2) If the identity referred to in paragraph 1 (4) is established, the documents which have been incurred in connection with the determination must be destroyed. This shall not apply if it is necessary for them to be kept further in the prevention of criminal offences against the person to be protected or the asset to be protected, because the person concerned is suspected of having committed such a criminal offence and because of the The nature or execution of the offence is likely to be repeated, or if further storage under other legislation is permitted. If the documents have been sent to other bodies, they must be informed of the destruction that has taken place. (3) Protection measures can also be continued after the final conclusion of the criminal proceedings in which the statement has been made. . In the event that the execution of the sentence is still carried out, the latter shall, in agreement with the law enforcement authority and in the case of continued detention, also be carried out and terminated in agreement with the law enforcement authority. (4) Authorities and other public authorities may transfer personal data to the customs office where there is real evidence that the transfer is necessary for the performance of the witness protection duties of the customs criminal office is required. A transfer obligation exists if the data are required to avert a danger for body, life or freedom. The responsibility for the admissibility of the transmission shall be borne by the transmitting body. If the transmission is carried out at the request of the customs criminal office, it shall bear the responsibility.

Section 3
Preventive telecommunications and post-surveillance

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§ 23a Restriction of the secrecy of letters, postal and telecommunications

(1) justify the assumption that persons are preparing criminal offences pursuant to § 19 para. 1 or 2, § 20 para. 1, § 20a para. 1 or 2 or § 22a subsection 1 no. 4, 5 and 7 or paragraph 2 of the law on the control of war weapons, the customs criminal office authority to open and view broadcasts subject to letter or postal secrecy for the purpose of preventing these offences, and to monitor and record the telecommunications subject to telecommunications secrecy. The monitoring and recording shall be subject to the previous judicial order. (2) A preparation of offences within the meaning of the first sentence of paragraph 1 shall be an act aimed at committing criminal offences, but not the protected legal good. directly at risk. In particular, these include the conduct of negotiations on the supply of goods or the provision of services, the offering, acquisition, manufacture or transfer of goods, the offering of services, the procurement of goods, the supply of goods and services, the provision of services, the provision of services, (3) The provisions of paragraphs 1 and 2 shall apply mutaly if the facts justify the assumption that the persons responsible for the offence or the use of the goods are not responsible for the crime. seriously endanger public safety and order by unlawful and without the The necessary authorisation or decision pursuant to Article 4 (4) in conjunction with paragraph 1 or 2 of Regulation (EC) No 428/2009 of 5 May 2009, or against a restriction or obligation to act pursuant to § 4 (1) and § 5 of Regulation (EC) No 428/2009 External economic law the export of

1.

Weapons, munitions and armaments, including manufacturing equipment and technology, as well as of goods which are suitable and which can be presumed, on the basis of facts, to be wholly or partly for the purpose of: military end-provision within the meaning of Article 4 (2), second sentence, of Regulation (EC) No 428/2009 of 5 May 2009,

a): if they are intended for use in a State which is in an international or non-international armed conflict, or where there is an urgent risk of such conflict, or
b): in the case of an arms embargo on the buyer or destination country or against the recipient of the goods on the basis of a common position adopted by the Council of the European Union or a binding resolution of the United Nations Security Council countries, or the legal acts of the European Union or of the United Nations Security Council, on the basis of which the list of recipients was drawn up, in a publication by the Federal Ministry of Economic Affairs and Technology in the Federal Gazette is named, or
c): (dropped)
d): if the supply of the goods results in the risk of a serious disadvantage for the external security of the Federal Republic of Germany,

2.

Goods which are wholly or partly suitable and which can be presumed, on the basis of facts, that they are intended to make a significant contribution to the development, production, maintenance, storage or use of nuclear weapons, biological or chemical weapons, or

3.

Goods which are wholly or partly suitable and which can be presumed, on the basis of facts, that they are intended to contribute significantly to the development, production, maintenance, storage or use of missiles for to make nuclear weapons, biological or chemical weapons, or

4.

Goods which are wholly or partly suitable and which can be presumed, on the basis of facts, that they are intended to make a significant contribution to the establishment, operation of or installation in an installation for nuclear purposes in the sense of category 0 of Part I, Section C of the Export List (Annex AL to the External Economic Regulation), and the country of destination of Algeria, Iraq, Iran, Israel, Jordan, Libya, North Korea, Pakistan or Syria,

(4) Restrictions referred to in paragraph 1 or 3 may also be imposed on a natural person or in relation to a legal person or association of persons, if:

1.: persons in respect of which the conditions for the placement of restrictions pursuant to paragraph 1 or 3 are met and which justify the assumption that they are participating in their postal services or their telecommunications connection; or use their terminal, or
2.: receive communications or communications from such communications to persons who are subject to the conditions for the placement of restrictions pursuant to paragraph 1 or 3; or
3.: Persons who are subject to the conditions for the placement of restrictions as referred to in paragraph 1 or 3, use their telecommunications terminal or terminal equipment.

Restrictions set out in the first sentence may be ordered only if the findings of action against persons in respect of which the conditions referred to in paragraph 1 or 3 are fulfilled are not sufficient to prevent the act being prepared. (4a) Restrictions in accordance with paragraphs 1, 3 or 4 shall be inadmissible if there are actual indications of the assumption that they alone would obtain communication content from the core area of private life. Communication content from the core area of private life, which has been obtained by a restriction in accordance with paragraphs 1, 3 or 4, must not be used. They shall be deleted immediately under the supervision of a staff member who has the authority to judge. The fact of collecting the data and its deletion is to be documented. This data may be used solely for the purposes of data protection control. They shall be deleted if they are no longer necessary for these purposes, but at the latest at the end of the calendar year following the year of documentation. (5) A measure which is contrary to one in § 53 (1) sentence 1, No. 1, 2 or No. 4, each , also in connection with Section 53a of the Code of Criminal Procedure, the person referred to above, and is expected to provide information on which this person should refuse the certificate, is inadmissible. However, findings obtained must not be used. Any record of such information shall be deleted immediately. The fact of their obtaining and deletion of the records shall be documented. The sentences 2 to 4 shall apply accordingly if, by means of a measure which is not directed against a person referred to in § 53 (1) sentence 1, No. 1, 2 or 4, respectively also in connection with § 53a of the Code of Criminal Procedure, the person referred to by that person on which they are likely to refuse the certificate. To the extent that a measure would affect a person referred to in § 53 (1), first sentence, No. 3 to 3b or No. 5, also in connection with Section 53a of the Code of Criminal Procedure, and as a result would be expected to obtain information about which this person is responsible for the In the context of the examination of the proportionality, the certificate should be refused, having regard to the public interest in the duties carried out by that person and the interest in the secrecy of that person, or to take particular account of the facts which have become known. In so far as it is necessary to do so, the measure shall be disregarded or, in so far as it is possible by the nature of the measure, to be limited. (5a) Paragraph 5 shall not apply if the facts justify the assumption that the persons referred to in that paragraph are preparing for the preparation of the measure. of an act referred to in paragraph 1 or 3. The use of data within the meaning of the second sentence of paragraph 5 shall be admissible in order to prevent an individual life or an urgent danger to a person's limb or freedom. (6) Restrictions under paragraphs 1, 3 or 4 may be ordered only if, without the knowledge of the measures involved, it would be pointless or significantly more difficult to prevent the actions being prepared and the measures not to be disproportionate to the seriousness of the action to be prevented. The measures may also be carried out if other persons are inevitably affected. (7) Prior to the request for an order pursuant to § 23b, the Public Prosecutor's Office shall be informed. Likewise, the Public Prosecutor's Office is of the judicial decision to inform of a decision of the Federal Ministry of Finance at the risk of default and of the result of the action being carried out. (8) § 2 of Article 10-Law applies accordingly. Unofficial table of contents

Section 23b Judicial order

(1) The order in accordance with Section 23a (1), (3) or (4) shall be based on a request to be justified by the authorities of the Customs Crime Office in person, in the event of the prevention of their deputies, after the approval of the Federal Ministry of Finance by the Landgericht. In case of danger in default, the order may be taken by the Federal Ministry of Finance; it shall not enter into force if it is not confirmed by the Regional Court within three days. The lessons learned must not be used. In the context of the arrangement or extension, the conditions and the essential points of consideration shall be set out in the explanatory statement of the order. In particular, individual cases shall be indicated

1.: the designation of the act to be prevented;
2.: the facts justifying the adoption of the fact that the act is being prepared;
3.: the essential considerations relating to the necessity and proportionality of the measure.

(3) The district court in whose district the customs criminal office is located shall be responsible for the duties of the district court. The district court decides by a chamber occupied by three judges, including the chairperson. The proceedings shall be governed by the provisions of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction. (4) The order shall be written in writing. It contains

1.: where known, the name and address of the person against which it is addressed,
2.: in the case of a telecommunications surveillance, the telephone number or other identifier of the telecommunications terminal or the identifier of the terminal, if it is to be assigned to that terminal alone,
3.: the determination of the nature, scope and duration of the measures.

The order shall be limited to a maximum of three months. At the request of the authorities of the Customs Crime Office in person, in the prevention of their deputies, with the agreement of the Federal Ministry of Finance, which is to be justified in the presentation of the results of the investigation so far, a An extension of up to three months shall be allowed in each case, provided that the conditions are maintained and further surveillance is proportionate. If a measure in accordance with Section 23a (1), (3) or (4) is to exceed nine months on the basis of an extension, the Higher Regional Court shall decide on the further extensions. Unofficial table of contents

Section 23c Implementing provisions

(1) The telecommunication, letter and post-supervision arranged according to § 23a (1), (3) or (4) shall be carried out by the Customs Criminal Office. The management of the measure shall be carried out by a staff member with the competence to judge the Office. Article 11 (2) and (3) of the Article 10 Act shall apply mutas-mutas. (2) The Customs Crime Office may process and use the personal data obtained by means of the measures for the purpose of the prevention of acts within the meaning of Section 23a (1) or (3). The data may also be used for the prosecution of criminal offences in accordance with § 19 (1) to (3), § 20 (1) or (2), § 20a (1) to (3), also in connection with § 21, or § 22a (1) to (3) of the Law on the Control of War Weapons or of intentional Use criminal offences in accordance with § § 17 and 18 of the Foreign Trade Act. The Customs Crime Office shall examine immediately and thereafter at intervals of not more than six months, whether the data collected is necessary for the purposes specified in § 23a (1) or (3). Insofar as the data are not required for these purposes, it is not necessary to prosecute a criminal offence within the meaning of the sentence 2 or for a transmission pursuant to § 23d, and no longer for a notification pursuant to paragraph 4 or for a judicial If it is possible to verify the legality of the restriction measure, they shall be deleted without delay under the supervision of a staff member who has the authority to judge. The deletion is to be logged. In order to ensure the proper erasure, tests must be carried out at regular intervals of not more than six months by a staff member who has the competence to judge; the checks must be recorded. Data which is only stored for the purpose of a communication pursuant to paragraph 4 or the judicial review of the lawfulness of the restriction shall be blocked; they may only be used for this purpose. (3) The data collected shall be used for: flag. After a transmission to the bodies referred to in § 23d (1) to (7), the marking shall be maintained by the third party to which the data was transmitted. (4) The measures implemented pursuant to Article 23a (1), (3), (4) or (6), second sentence, shall be subject to the following: To notify those affected by the customs office. Mention should be made of the possibility of retrospective legal protection under paragraph 7 and the period laid down for this purpose. Persons concerned within the meaning of the first sentence are:

1.: persons against which the measure is directed,
2.: Addressees of monitored postal items,
3.: Holders, users of the monitored telecommunications connections,
4.: natural or legal persons pursuant to Article 23a (4),
5.: unavoidably affected third parties pursuant to § 23a (6) sentence 2.

In the case of persons concerned within the meaning of the second sentence of sentence 3 (2) to (5), the notification shall not be notified if it is possible only with disproportionate investigation or if it is contrary to the overriding interests of other persons affected by the protection. In addition, the notification shall be notified as soon as this can be done without endangering the purpose of the investigation or of the life, body or freedom of a person or of significant assets. (5) The notification shall not be received within six months after the completion of the measure, the further withdrawal of the judicial consent shall be required. The court's consent shall be re-obtained after six months, subject to any other judicial order. A notification may be definitively left with the consent of the court if the conditions for this are not available in the long term, but in the case of the sixth sentence of paragraph 4, however, not before the end of the period of five years. Section 23b (3) shall apply accordingly. If the notification has been returned for a total of 18 months, the Oberlandesgericht (Higher Regional Court) in whose district the Customs Criminal Office has its registered office is responsible. (6) A criminal procedure has been initiated on the basis of the same facts, The Public Prosecutor's Office decides on the date of notification in accordance with the rules of the Code of Criminal Procedure. (7) Even after completion of a measure referred to in § 23a, affected persons may within two weeks after notification of the Review of the legality of the order and of the manner in which the Apply for completion. The Court of First Instance shall decide on the application which has been responsible for the arrangement of the measure. The decision is an immediate appeal. (8) The Federal Ministry of Finance shall, at intervals of not more than six months, inform a body consisting of nine members appointed by the German Bundestag to discuss the Implementation of § § 23a to 23f as well as § § 45 and 46 of this Act; in particular, it is necessary to report on the occasion, scope, duration, result, costs and notification of persons affected in the reporting period according to these regulations. At the end of three years after the entry into force of this provision, the Panel shall report to the German Bundestag, for the purpose of evaluation, a report on the implementation of the measures, taking into account the information referred to in sentence 1. Unofficial table of contents

§ 23d transfers by the Customs Criminal Office

(1) The personal data obtained by the Customs Crime Office may be transmitted to the authorities responsible for police tasks in order to prevent criminal offences, if:

1.

there is real evidence of the suspicion that someone

a): Offences in accordance with § § 80, 81 (1), § 89a, § 89c, 94 (2), § 129a, also in conjunction with Section 129b (1), § 211, 212, 239a and 239b and 307 (1) to (3) of the Criminal Code or
b): Intentional offences in accordance with § § 17 and 18 of the Foreign Trade Act, § § 19 to 21 or 22a (1) No. 4, 5 and 7 of the Law on the Control of War Weapons

to commit or to commit, or

2.

certain facts give rise to the suspicion that someone

a): Offences referred to in Article 3 (1), first sentence, No. 1 to 5 and 7, sentence 2 of the Article 10 Act, or
b): Offences according to § § 130, 146, 151 to 152a, 232, 233, 249 to 251, 255, 261, 305a, 306 to 306c, 308 para. 1 to 4, § 309 para. 1 to 5, § § 313, 314, 315 para. 1, 3 or para. 4, § 315b (3), § 316a, 316b para. 1 or 3 or § 316c para. 1 or 3 of the Penal Code or
c): Offences in accordance with § 29a (1) no. 2, § 30 (1) No. 1, 4 or § 30a of the Narcotics Act (Betäuberification Act)

To commit or to commit.

(2) The data may be transmitted to the competent authorities for the prosecution of criminal offences, if certain facts establish grounds for suspecting that a person has committed or in cases where he has committed any of the offences referred to in § 100a of the Code of Criminal Procedure (3) The personal data obtained by the Customs Crime Office may be sent to the Federal Office for Economic Affairs and Export Control or to the Federal Ministry for Economic Affairs and Social Affairs (Bundesamt für Wirtschaft und Export Control), or Economy and technology as approval authority under the law on control of weapons of war, if certain facts justify the assumption that knowledge of such data is necessary

1.: to educate participants in the field of foreign trade on circumstances relevant to the observance of restrictions on foreign trade, or
2.: in the context of a procedure for the granting of an authorisation to export or to inform participants in the field of external trade, in so far as this constitutes an authorisation requirement for the export of goods.

(4) The personal data obtained by the Customs Crime Office may be transmitted to the Federal and State Federal Constitutional Protection Authorities and to the Military shielding service if:

1.: There are actual indications that the data are necessary for the collection and analysis of information on aspirations in the Federal Republic of Germany, which may be used by the use of force or preparatory actions directed towards it. are directed against the protection goods referred to in § 3 (1) (1), (3) and (4) of the Federal Constitutional Protection Act, or
2.: certain facts give rise to suspicions of security threats or intelligence activities for a foreign power.

(5) The personal data obtained by the Customs Crime Office may be transmitted to the Federal Intelligence Service if certain facts give rise to the suspicion that such data may be used for the performance of the tasks of the Federal Intelligence Service in accordance with § 1 Paragraph 2 of the Law on the Federal Intelligence Service (Bundesnachrichtendienst) for the collection of information relating to the danger areas referred to in Article 5 (1) sentence 3 (1) to (3) of Article 10 Act. (6) The personal data acquired by the Customs Crime Office Data may be used for the prevention of intentional criminal offences in accordance with § § 17 and 18 of the External economic law or pursuant to Sections 19 to 21 or 22a (1) (4), (5) and (7) of the Law on the Control of War Weapons Against the Customs Services of the Member States of the European Union, which are dealt with by the export production, on the basis of of the intergovernmental agreements on mutual legal and mutual assistance where there is real evidence of the suspicion that such offences are to be committed. (7) The Customs Crime Office may take measures to ensure that such offences are committed. According to § 23a (1), (3) and (4), personal data obtained for the purpose of prevention or the prosecution of criminal offences of competent foreign public, as well as between, and superstate entities involved in the prevention or prosecution of criminal offences, where:

1.: the transmission is necessary for the defence of a specific serious danger to the foreign and security policy interests of the Federal Republic of Germany or to the recipient's considerable security interests,
2.: the overriding legitimate interests of the person concerned shall not be contrary to the overriding interests of the person concerned, and shall be presumed to be in accordance with fundamental principles of the rule of law, in particular an adequate Data protection standard is guaranteed.

(8) The transmission referred to in paragraphs 1 to 7 shall be admissible only if it is necessary for the performance of the tasks of the third party to which the data is transmitted. In the case of personal data which are transmitted, further data of the data subject or another person in files are linked in such a way that a separation is not possible or is only possible with an undue effort, the transmission of this data is also ; use of this data is inadmissible. Responsibility for the admissibility of the transmission shall be borne by the Customs Crime Office. A staff member of the Customs Crime Office shall decide on the transfer, which shall be the judge's office. The customs criminal office has to record the transmission and its cause. (9) The third party to which the data is transmitted may only use the data for the purposes for which they have been transmitted or have been transmitted to it. shall be allowed. It shall examine immediately and thereafter at intervals of not more than six months, whether the data transmitted is necessary for such purposes. In so far as the data are not required for these purposes, they shall be deleted immediately under the supervision of a staff member who has the competence to the office of judges. The deletion is to be logged. In the case of a transfer abroad, the third party to whom the data is transmitted shall be informed that the data transmitted may only be used for the purpose for which it has been transmitted, to maintain a mark affixed thereto. and the Customs Crime Office reserves the right to obtain information on its use. Unofficial table of contents

§ 23e obligation to comply with the obligation of confidentiality

If measures are carried out in accordance with Article 23a, this fact may not be communicated to others by persons who provide commercial postal services or telecommunications services or participate in the provision of such services. Unofficial table of contents

§ 23f (omitted)

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§ 23g Collection of traffic data

(1) justify the assumption that persons

1.: to prepare criminal offences within the meaning of Section 23a (1) or
2.: seriously endanger public security and order within the meaning of Section 23a (3);

the customs criminal office may also collect, without the knowledge of the person concerned, traffic data (section 96 (1) of the Telecommunications Act) from those who provide or participate in the telecommunications services in so far as this is necessary for the investigation of the Facts or the determination of the location of the person is required. The collection of location data in real time is permissible. (2) The order may only be directed against persons within the meaning of section 23a (1), (3) or (4). (3) A measure referred to in paragraph 1 may only be ordered by the court, in the event of danger in default. by the Federal Ministry of Finance. Insofar as the order is not confirmed by the court within three days, it shall not enter into force. Section 23b (3) shall apply in accordance with. (4) The arrangements referred to in paragraph 3 shall be issued and justified in writing. Section 23b (4) sentence 2 shall apply accordingly. By way of derogation from Section 23b (4), second sentence, no. 2, a designation of telecommunications which is sufficiently specific in terms of space and time would be sufficient if the investigation of the facts would be indiscriminately or substantially impeded in any other way. The order shall be limited to a maximum of three months. An extension of up to three months shall be allowed in so far as the conditions of the order are maintained and the measure is proportionate. (5) On the basis of the order, anyone who provides or participates in the telecommunications services shall have the right to (service provider) to enable the customs office to take the measures referred to in paragraph 1 and to provide the necessary information. Whether and to what extent precautions must be taken for this purpose shall be determined in accordance with the Telecommunications Act and the Telecommunication Monitoring Regulation. (6) § 23c (2) to (8) and § § 23d and 23e apply accordingly.

Chapter 3
Customs faiths

Section 1
Duties of the customs authorities

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§ 24 General tasks

(1) The customs authorities shall cooperate in the surveillance of foreign trade and international trade in goods. (2) The customs authorities have a duty to prevent and prosecute criminal offences and administrative offences, and to detect and prevent the use of such goods. , to obtain, to evaluate, and to provide for the provision of information necessary for future criminal proceedings under the responsibility of the Customs Administration, as well as to the Customs Office and other customs services on which they are responsible. (3) The Customs Debt Offices have committed to the prevention and prosecution of criminal offences and to the detection of unknown offences

1.: to the extent that this is not done by the Customs Crime Office, and
2.: To compile regional customs-specific analyses, statistics and information and to monitor the development of crime in the respective fields of competence.

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Section 25 Special tasks

(1) The implementation of recognition service measures in accordance with § 81b of the Code of Criminal Procedure shall also be the responsibility of the customs authorities for the provision of future criminal proceedings under the jurisdiction of the customs administration. (2) In the cases of § 24 (1) and (2) shall be responsible for ensuring the security of the officials employed and the protection of third parties and of essential assets to the customs authorities, to the extent that:

1.: otherwise the performance of their duties under the said rules would be jeopardised, or
2.: Protection and protection measures are necessary to prevent the risk of limb, life, health or freedom of decision-making and operation of the persons mentioned above or for essential assets in the individual case.

Section 2
Powers of the customs authorities

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Section 26 General powers

(1) Where investigations are carried out by customs authorities, the customs authorities and their officials shall have the same rights and obligations as the authorities and officers of the police service in accordance with the rules of the Code of Criminal Procedure. The customs officers are investigators of the public prosecutor's office. (2) The customs authorities shall take all appropriate, necessary and appropriate measures to prevent criminal offences and administrative offences, to detect unknown offences and to prevent them from being prosecuted. (2) Offences and for the prevention of future criminal proceedings under the jurisdiction of the customs administration. § § 17 to 20 (1) of the Federal Police Act shall apply accordingly. (3) In order to fulfil its tasks pursuant to section 25 (2), the customs authorities may take the necessary measures to ensure that there is a risk to life, health, life, and limb of life in the individual case. To prevent the removal and operation of the persons referred to in § 25 (2) or for essential assets, freedom of decision-making and the operation of such persons. Section 23 (1) sentences 2 and 3 and section 23 (2) to (4) shall apply accordingly. Unofficial table of contents

Section 27 Powers for data collection and processing

(1) The customs authorities may collect, store, modify and use personal data in so far as this is necessary for the performance of their duties. Where facts justify the assumption that a person is committed to offences of significant importance under the jurisdiction of the customs administration, the customs authorities may provide personal data to non-public bodies at the intra-Community or international cross-border trade in goods, capital and services, or to enable the participation of others, to the extent that this is necessary for the prevention of criminal offences and The information provided by the person concerned does not lead to the objective or would be hopeless. (2) The Customs authorities may use personal data from criminal proceedings for the purpose of the prevention of criminal offences or administrative offences under the jurisdiction of the customs administration, as well as for the purposes of self-assurance, under the conditions laid down in this Act. The use is inadmissible to the extent that special federal legal regulations are in place. (3) § 7 (2), (3) and (5) to (9), § 8 (1) to (5) and § 10 (1) shall apply accordingly.

Footnote

Section 27 (3) italics: would have to be correct "up to 9," Unofficial table of contents

Section 28 Data collection by longer-term observational data

(1) The customs authorities may collect personal data by means of longer-term observations in the appropriate application of § 18. (2) Longer-term surveillance may only be arranged by the head of the authority or his representative. (3) § § 18 (4) and (5) shall apply accordingly. Responsibility for the information within the meaning of § 18 (5) sentence 1 is the order of the customs office. Unofficial table of contents

§ 29 Data collection by the concealed use of technical means for the production of image recordings and image recordings

(1) The customs authorities may collect personal data outside of housing by means of the use of technical means for the production of image recordings and image recordings in the appropriate application of § 19. (2) For the purpose of the order § 28 (2) applies accordingly. (3) § 18 (4) applies accordingly. Unofficial table of contents

§ 30 Data collection by the concealed use of technical means for interception and recording of the non-publicly spoken word

(1) The customs authorities may collect personal data outside of housing by means of the use of technical means for the purposes of interception and recording of the non-publicly spoken word in the appropriate application of § 20. (2) For the purposes of § 28 (2). (3) § 18 (4) and (5) shall apply accordingly. Responsibility for the information within the meaning of § 18 (5) sentence 1 is the order of the customs office. Unofficial table of contents

Section 31 Data collection by the use of private persons, whose cooperation with the customs authorities is not known to third parties

(1) The customs authorities may collect personal data by the use of private persons, whose cooperation with the customs authorities is not known to third parties, in the appropriate application of § 21. (2) For the order, § 28 (2) applies. (3) § 18 (4) and (5) shall apply accordingly. Responsibility for the information within the meaning of § 18 (5) sentence 1 is the order of the customs office. Unofficial table of contents

Section 32 self-assurance by the use of technical means outside of housing

(1) In the context of their powers to prevent and prosecute criminal offences and to detect unknown offences, customs authorities shall be authorised to provide technical means to assist persons responsible for the detection of criminal offences and offences against unauthorised offences. Use image recordings and image recordings as well as for listening and recording of the non-publicly spoken word outside of apartments, as far as this is essential for the defence of dangers for their body, life or freedom. Measures referred to in the first sentence shall be arranged by the head of the authority or his representative. (2) Personal data obtained through the use of technical means of self-assurance shall not only be used for the purpose referred to in paragraph 1, except for the purpose of: (3) § 18 (4) shall apply. (4) The measures taken pursuant to paragraph 1 shall inform the persons concerned as soon as this is done without endangering the purpose of investigation, public security, limb or life. of a person. The public prosecutor's office decides whether the purpose of the investigation is at risk. Unofficial table of contents

Section 32a Private insurance through the use of technical means within apartments

(1) In the context of their powers to prosecute and prevent criminal offences and to detect unknown offences, customs authorities shall be authorised to provide technical means to assist persons responsible for the detection of criminal offences and offences against crime. Use image recordings and image recordings as well as for listening and recording of the unspoken word within apartments, as far as this is essential for the defence of dangers for their body, life or freedom. Measures in accordance with the first sentence shall be arranged by the head of the authority or his representative. (2) If the core area of private life is concerned, the measure shall be interrupted as soon as this is possible without endangering the person employed. Records relating to operations relating to the core area of private life shall be deleted immediately. Knowledge of such operations may not be used. The fact of collecting the data and its deletion is to be documented. This data may be used solely for the purposes of data protection control. They shall be deleted if they are no longer necessary for these purposes, but at the latest at the end of the calendar year following the year of documentation. (3) The personal data obtained by means of a measure referred to in paragraph 1 shall be prohibited except for: shall be used only for the purpose referred to in paragraph 1:

1.: prevention of an urgent danger to public safety, in particular a common danger or a risk of life, or
2.: Prosecution of a criminal offence referred to in § 100c of the Code of Criminal Procedure if the lawfulness of the measure was brought to court by the District Court in whose district the Customs Prosecution Office is located. If the customs authorities decide on the use of the data on the grounds of danger in default, the decision of the court shall be taken up without delay. The provisions of the law on matters relating to voluntary jurisdiction shall apply mutatily to the procedure.

(4) § 18 (4) and 32 (4) shall apply accordingly.

Chapter 4
Common provisions

Unofficial table of contents

Section 32b Safeguarding, safekeeping and recycling

(1) The authorities of the customs service may, within the jurisdiction of the customs administration, ensure a cause in order to ward off a present danger. (2) The § § 48 to 50 of the Federal Police Act shall apply accordingly. Unofficial table of contents

Section 32c Support by police officers of the Federal Government and the Länder

(1) Police officers of the Federal Government or of a country may, on request or with the agreement of the competent authority of the Customs Service, carry out official acts within the jurisdiction of the Customs Service. (2) Police officers of the Federal Government or of a country referred to in paragraph 1 of this Article shall have the same powers as officials of the customs service authorities. Their measures shall be deemed to be measures of the authority of the customs service for which they have acted and shall be subject to their instructions in that respect. Unofficial table of contents

§ 33 Data transfer in the national field

Without prejudice to paragraph 2, authorities of the customs service shall be allowed to transmit personal data to other services of the customs administration, to the extent necessary for the performance of their duties or those of the third party to which it is transmitted. is. The authorities of the customs service may transfer personal data to the authorities and other public authorities other than those referred to in the first sentence, provided that this is provided for in other legislation or

1.: for the performance of their duties under this Act,
2.: for the purposes of law enforcement, sentence, sentence or mercy proceedings,
3.: for the purposes of security or
4.: to prevent a serious impairment of the rights of individuals

is necessary and does not preclude the purposes of criminal proceedings. Personal data may also be transmitted to the Federal Office for Economic Affairs and Export Control if there is actual evidence that knowledge of such data is necessary

1.: to educate participants in the field of foreign trade on circumstances relevant to the observance of restrictions on foreign trade, or
2.: in the context of a procedure for the granting of an authorisation to export or to inform participants in the field of external trade, in so far as the authorisation requirement is justified by this procedure.

The authorities of the Customs Service shall be responsible for the admissibility of the transmission. Where the transmission is made at the request of the applicant, the requesting body shall bear the responsibility. In that case, the authorities of the Customs Service shall only examine whether the request for transmission is within the scope of the duties of the third party to which it is transmitted, unless there is particular cause for consideration of the admissibility of the transmission. § 35 remains unaffected. (2) Personal data relating to witnesses, whistlebloc, contact persons and accompanying persons, as well as data stored in accordance with section 10 (4), may be used by authorities of the customs service to other authorities of the customs service and to other authorities. Police authorities for the purposes to which they have been stored. The transmission of the data referred to in the first sentence to criminal courts and law enforcement authorities shall also be permitted for the purposes of prosecution. (3) The third party to which the transmitted personal data may be transmitted shall only be used for the purpose of: for which they have been sent to him. Use for other purposes shall be permitted provided that the data may also have been transmitted and, in the case of paragraph 5, the authority of the Customs Service agrees. (4) In the context of paragraphs 1 and 2, data shall be allowed to the extent to which: they are conducted at the customs office, automated retrieval procedures are established in accordance with § 10 para. 2, 3 and 4 sentence 2 of the Federal Data Protection Act with the consent of the Federal Ministry of Finance, if the third party to which the information is transmitted , which requires the data for the purpose to which it has been stored and which form it the data transfer is appropriate, taking into account the legitimate interests of the persons concerned, because of the large number of transfers or the particular need for urgent action. Responsibility for the admissibility of the individual withdrawal shall be borne by the third party to whom the information is transmitted. 5. Under the conditions set out in the second sentence of paragraph 1, the authorities of the customs service may also transmit personal data to non-public bodies. The authorities of the customs service shall provide evidence of the reason, content and date of transmission, and of the file and the third party to which the information is transmitted. 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 destruction shall not be carried out as long as proof is needed for the purposes of a particularly initiated data protection control procedure or for the prevention or prosecution of a serious offence against the body, life or freedom of a person, or There is reason to believe that, in the event of destruction, the interests of the person concerned would be adversely affected. Legal transmission bans remain unaffected. (6) Data which would be subject to § § 41 and 61 of the Federal Central Register Act may only be used in accordance with the second sentence of paragraph 1 and paragraph 5 of the German Federal Central Register Act (Bundeszentralregistergesetz). Entities shall be transmitted for the purposes specified therein. The prohibition of exploitation in accordance with § § 51, 52 and 63 of the Federal Central Register Act must be observed. Unofficial table of contents

§ 34 Data transfer abroad as well as to over-or inter-governmental agencies

(1) The authorities of the customs service shall be entitled to customs, police, judicial and administrative authorities, as well as other public authorities of other States responsible for the prevention or prosecution of criminal offences, as well as between national and national authorities. Bodies involved in the prevention or prosecution of criminal offences shall transmit personal data to the extent that this is necessary

1.: for the performance of a task assigned to them under this Law,
2.: for the prosecution of criminal offences and for the enforcement of criminal penalties in accordance with the provisions on international legal assistance in criminal matters or the provisions on cooperation with the International Criminal Court, or
3.: to avert a significant risk to public security in the individual case.

The same applies if there is evidence that criminal offences are to be committed. (2) The establishment of an automated procedure by the Customs Crime Office for the transfer of personal data to international data stocks are permitted in accordance with the international treaties to which the Bundestag has approved in the form of a federal law pursuant to Article 59 (2) of the Basic Law. (3) The authorities of the customs service may be allowed to Personal data relating to staff of the staff of the stationing forces referred to in Article 3 of the Supplementary Agreement of 3 August 1959 to the Agreement between the parties to the North Atlantic Treaty of 19 June 1951 relating to the legal status of its troops with regard to foreign troops stationed in the Federal Republic of Germany (Additional agreements on the NATO troop statut; BGBl. 1961 II p. 1183, 1218), as last amended by Article 2 of the Agreement of 18 March 1993 amending the Additional Agreement to the NATO military statute and other agreements (BGBl. 2594, 2598), if this is necessary for the legitimate performance of the tasks within their competence. (4) The authority of the customs service shall bear the responsibility for the admissibility of the transmission; it shall have the responsibility for the to record transmission and its occasion. The third party to whom it is transmitted must be informed that the data may only be used for the purpose to which it has been transmitted. It shall also be notified to him of the date of the deletion. The transfer of personal data is not required, insofar as there is reason to believe that it would be in breach of the purpose of a German law. In addition, the transmission shall not, in the event that the particular public interest in the transmission of data is taken into account, also exceed the protection-worthy interests of the data subject in the individual case. The legitimate interests of the data subject also include the existence of a reasonable level of data protection in the recipient country. The legitimate interests of the data subject can also be safeguarded by ensuring that the recipient State or the receiving national or national body ensures adequate protection of the data transmitted on a case-by-case basis. Unofficial table of contents

Section 34a Transfer of personal data to Member States of the European Union

(1) In response to a request from a police authority or any other public authority of a Member State of the European Union responsible for the prevention and prosecution of criminal offences, the authorities of the customs service may Transmit data for the purpose of the prevention of criminal offences. The transmission of such data shall be subject to the rules on the transmission of data in the national domain. (2) The transfer of personal data referred to in paragraph 1 shall be admissible only if the request has at least the following information: contains:

1.: the name and address of the applicant authority,
2.: the name of the offence for which the data are required to be contravened;
3.: the description of the facts on which the request is based,
4.: the designation of the purpose for which the data will be requested,
5.: the relationship between the purpose for which the information or findings are requested and the person to whom this information relates,
6.: details of the identity of the person concerned, provided that the request relates to a known person; and
7.: Reasons for the assumption that relevant information and findings are available in Germany.

The authorities of the customs service may also, without request, provide personal data to a police authority or other public body of a Member State of the European Union responsible for the prevention and prosecution of criminal offences. in individual cases, the Union shall transmit the risk of committing an offence within the meaning of Article 2 (2) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedures between Member States (OJ 1), which was last amended by Framework Decision 2009 /299/JHA (OJ L 327, 18.12.2009, p. 24), and there is concrete evidence that the transmission of such personal data could contribute to preventing such a crime. For the transmission of these data, the rules on the transmission of data in the national sphere shall apply. (4) The admissibility of the transfer of personal data by the customs service authorities to a The police authority or any other public body of a Member State of the European Union responsible for the prevention and prosecution of criminal offences, on the basis of Section 34 or of special agreements under international law, shall remain unaffected. (5) As a police authority or other persons responsible for the prevention and prosecution of criminal offences A competent public body of a Member State of the European Union referred to in paragraphs 1 and 3 shall apply any body designated by that State in accordance with Article 2 (a) of the Framework Decision 2006 /960/JHA. (6) The paragraphs 1 to 5 shall also apply on the transmission of personal data to police authorities or other public authorities of a Schengen-associated State responsible for the prevention and prosecution of criminal offences within the meaning of Article 91 (3) of the Act on the International legal assistance in criminal matters. Unofficial table of contents

Section 35 Prohibition of delivery and refusal of refusal

(1) The transmission in accordance with the provisions of this law shall not apply if:

1.: it is clear to the transmitting body that, taking into account the nature of the data and its collection, the interests worthy of the person concerned outweigh the general interest in the transmission, or
2.: Special federal legislation on the use of the system. The obligation to maintain legal confidentiality obligations or special official secrets, which are not based on statutory provisions, shall remain unaffected.

Sentence 1 No. 1 shall not apply to transfers to criminal courts and public prosecutors and in the case of § 37 para. 2. (2) The data transfer in accordance with § 34a (1) and (3) shall not apply even if:

1.: this would impair the essential security interests of the federal or state governments,
2.: the transmission of data to the principles set out in Article 6 of the Treaty on European Union would be contrary to the principles laid down in Article 6 of the Treaty,
3.: the data to be transmitted does not exist in the requested authority and can only be obtained by the taking of coercive measures; or
4.: the transmission of the data would be disproportionate or the data is not necessary for the purposes for which it is to be transmitted.

(3) In addition, the data transmission in accordance with § 34a (1) and (3) may also be subject to the following conditions:

1.: the data to be transmitted are not available to the authorities of the customs service, but can be obtained without the taking of coercive measures,
2.: This would endanger the success of an ongoing investigation or limb, life or freedom of a person, or
3.: the offence to which the data are to be transmitted shall be punishable under German law with a maximum term of imprisonment of a maximum of one year or less.

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§ 35a Use of data transmitted in accordance with Council Framework Decision 2006 /960/JHA

(1) Data submitted to the authorities of the Customs Service pursuant to Framework Decision 2006 /960/JHA may only be used for the purposes for which they were transmitted or for the purpose of averting a current and significant risk to the public security. For a different purpose or as evidence in a judicial proceeding, they may only be used if the overruling state has consented to it. (2) The authorities of the Customs Enforcement Service shall, at the request of the issuing State, provide information on the request for the purposes of the protection of data protection, such as: the transmitted data have been used. Unofficial table of contents

§ 36 Comparison of personal data

(1) The authorities of the customs service shall be allowed to match personal data with the content of collections which they carry out to carry out their duties or for which they have the right to call for the performance of those tasks, if the reason for the assumption is that this is necessary to carry out one of their tasks. In the course of their duties, they may match personal data with the collection of charges. (2) Legislation on the reconciliation of data in other cases shall remain unaffected. Unofficial table of contents

§ 37 Processing and use of personal data for scientific research

The customs office shall, in the course of its duties, process and use personal data available to authorities of the customs service where this is necessary for scientific research, in so far as a use is made of it: anonymized data for this purpose is not possible and the public interest in the research work considerably outweighs the legitimate interest of the person concerned. (2) The authorities of the customs flag service may provide personal information at universities, other institutions, scientific research and to the public authorities, where:

1.: whereas this is necessary for the implementation of certain scientific research;
2.: the use of anonymized information is not possible for this purpose or the anonymization is associated with a disproportionate effort and
3.: the public interest in the research work considerably outweighs the protection worthy interest of the person concerned in the exclusion of the transmission.

In the case of the weighing in accordance with the first sentence of the first subparagraph, the scientific interest in the research project shall be taken into account in the context of the public interest. (3) The information shall be forwarded by issuing information if: in this way, the purpose of the research work can be achieved and the grant does not require a disproportionate effort. Otherwise, access to the file can also be granted. The files may be sent for inspection. (4) Personal information shall only be transmitted to persons who have been particularly pledged for public service or for the public service or who have been obliged to maintain secrecy. . The authority responsible for the obligation to maintain secrecy is the issuing authority of the Customs Code Service. § 1 (2) and (3) of the Obligations Act shall apply. (5) The personal information may only be used for the research work for which it has been submitted. The use of any other research or transfer shall be governed by paragraphs 2 to 4 and shall be subject to the consent of the body responsible for arranging the transmission of the information. (6) The information shall be against unauthorised disclosure of information. to be protected by third parties. The body responsible for scientific research shall ensure that the use of the personal information is spatially and organizationally separated from the performance of such administrative tasks or business purposes, for which: This information can also be of importance. (7) As soon as the research purpose permits, the personal information is to be anonymized. As long as this is not yet possible, the characteristics must be kept separately, with which details can be attributed to the personal or factual circumstances of a specific or determinable person. They may only be merged with the individual information provided that the purpose of the research is required. (8) Anyone who has received personal information in accordance with paragraphs 2 to 4 may publish it only if this is necessary for the presentation of Research results on the events of contemporary history are essential. The publication shall be subject to the agreement of the body which transmitted the information. Unofficial table of contents

§ 38 Further use of data

(1) The Customs Crime Office may use personal data which are available from the authorities of the customs service for training purposes or for statistical purposes, insofar as the use of anonymized data is not possible for this purpose. The data are to be anonymized at the earliest possible date. (2) The authorities of the customs service may store personal data if this is necessary for the administration of the job or for the temporary documentation of measures. (3) The modification and use of personal data stored in the Customs Information System in accordance with Decision 2009 /917/JHA, or in the customs information system referred to in Title V of Regulation (EC) No 515/97, shall only be subject to the conditions laid down in this Regulation. Legislation allowed. Unofficial table of contents

§ 39 Correction, erasure and blocking of personal data in automated processing and storage in non-automated files

(1) The authorities of the customs service have to correct stored personal data if they are incorrect. (2) The authorities of the customs service have to delete stored personal data if their storage is inadmissible. or their knowledge of the task of filling them is no longer necessary. A blocking occurs when a deletion occurs if:

1.: There is reason to believe that the erasure would affect the interests of a person concerned,
2.: the data are needed for ongoing research, or
3.: Deletion due to the special nature of the storage is not possible or can only be deleted with disproportionate effort.

Blocked data may only be transmitted and used for the purpose for which the deletion has not been made; it may also be transmitted and used, insofar as this is essential to remedy an existing evidence of necessity or to the extent that the data subject is not (3) If an invitation to tender is made in accordance with § 10 para. 1, the personal data stored for this purpose shall be deleted after the purpose of performance, but at the latest one year after the beginning of the call for tenders. If the customs criminal office has processed or used personal data for the purposes described in § 10 para. 4, it shall be deleted after two years. (4) The authorities of the customs investigation service shall examine the case of the individual case processing and after to correct or to delete stored personal data. The special exams to be determined in accordance with § 41 (1) sentence 1 no. 8 may not exceed ten years for adults and five years for young people, with the purpose of storage and the nature and significance of the facts. is different. In the event of an administrative offence, the special exams are reduced to a maximum of five years in adults and two years for young people. (5) In the cases of § 8 para. 4, the special examinations for adults may be five years and in the case of adults. Young people not exceeding three years. Personal data of the persons referred to in § 8 (4) sentence 1 may only be stored without the consent of the person concerned for the duration of one year. The storage is permitted for a further year in each case, provided that the requirements of § 8 (4) sentence 1 are still available. The relevant reasons for the maintenance of the storage in accordance with the third sentence shall be taken into account. However, the storage in accordance with the second sentence may not exceed a total of three years. (6) The time limits shall begin on the date on which the last event which led to the storage of the data has occurred, but not before the person concerned has been dismissed. a prison institution or an end of a detention order and the detention of a detention order. The storage may be maintained beyond the time limits referred to in paragraph 4 solely for the purposes of the management of the operation. In this case, the data may only be used for this purpose; they may also be used to the extent that this is essential in order to remedy an existing evidence of evidence. (7) The authorities of the Customs Enforcement Service shall establish that incorrect information is not correct, data to be deleted or to be blocked shall be notified to the addressee of the rectification, erasure or blocking if this is necessary for the protection of the interests of the person concerned. (8) Personal data to authorities of the customs service outside the The customs information system shall notify the supplying body of the cancellation obligations in force in accordance with its law. The authorities of the customs service have to comply with them. The deletion shall not be deleted if there is evidence that the data are necessary for the completion of the duties of the Customs Service, including in the presence of further information, unless the authorities of the In the case of the transmission referred to in the first sentence of paragraph 8, the authorities of the customs service shall, in the case of the storage of the personal data, place in collections outside the customs declaration of information system in consultation with the notified body, the special test period referred to in paragraph 4 or 5 . The issuing body shall inform the customs authorities of the customs service if it finds that data to be deleted or blocked have been transmitted. The same shall apply if the supplying body determines that incorrect data has been transmitted and that the correction is intended to protect the interests of the person concerned or to carry out the tasks of the supplying body or of the (10) In the case of personal data stored in the customs intelligence information system, the obligations referred to in paragraphs 1 to 7 shall be the responsibility of the body directly responsible for the data. System enters. Unofficial table of contents

§ 40 Correction, blocking and destruction of personal data which are neither processed automatically nor stored in a non-automated file

(1) The authorities of the Customs Enforcement Service shall determine that personal data which is not processed in an automated manner or stored in a non-automated file are incorrect, or shall be correct by the person concerned. (2) The authorities of the customs service have to block personal data which is neither processed automatically nor stored in a non-automated file, if in the case of the On a case-by-case basis, it is determined that without the blocking of protection-worthy interests and the data are no longer required for the performance of the tasks. The personal data shall also be blocked if there is a deletion obligation pursuant to § 39 (3) to (6) for them. (3) Documents with personal data must be destroyed in accordance with the provisions on the retention of files, if: they are no longer necessary for the performance of the duties of the Customs Service or of any other customs authority. The destruction shall not be carried out if:

1.: There is reason to believe that otherwise legitimate interests of the person concerned would be affected, or
2.: the data are needed for ongoing research.

In such cases, the data shall be blocked and the documents shall be marked with a blocking note. (4) Instead of the destruction referred to in the first sentence of paragraph 3, the documents shall be submitted to the competent archives, provided that such documents are of permanent value in the sense of: § 3 of the Federal Archives Act, as amended by the Federal Archives Act of 6 January 1988 (BGBl. 62), as last amended by the Law of 13 March 1992 (BGBl I, p. 506), as amended. (5) § 39 (2) sentence 3 and § 39 (7) to (9) shall apply accordingly. Unofficial table of contents

Section 41 Order

(1) The Customs Crime Office shall establish for automated processing of personal data by the authorities of the customs service in a set-up order, which requires the approval of the Federal Ministry of Finance:

1.: the name of the responsible body,
2.: the legal basis and the purpose of the processing;
3.: group of people over which data is stored,
4.: the nature of the personal data to be stored,
5.: Types of personal data used to open up the collection,
6.: Delivery or input of the data to be stored,
7.: conditions under which stored personal data are transmitted to which recipients and in which procedures,
8.: Test rists and storage time and
9.: Logging.

The Federal Commissioner for Data Protection must be consulted before issuing a statement of establishment. (2) Paragraph 1 shall not apply to processing operations which are carried out only on a temporary basis and shall be terminated within six months. (3) the urgency of the completion of the task shall not enable the body referred to in paragraph 1 to be involved, the customs office shall be able to adopt an emergency order. The procedure referred to in paragraph 1 shall be reviewed immediately. (4) At appropriate intervals, the need to continue or revise the processing shall be reviewed. Unofficial table of contents

Section 41a Compensation for benefits

The authorities of the Customs Code Service shall, in respect of their performance in the implementation of measures pursuant to § 7 (5) to (9), have to those who provide postal services or telecommunications services or participate in the provision of such services. 15 (2) to (6) to grant compensation to Sections 23a, 23g and 27 (3), the extent of which shall be determined in accordance with Section 23 of the Act on the Compensation of Justice and Remuneration. Unofficial table of contents

§ 42 Damage compensation

§ § 51 to 56 of the Federal Police Act shall apply in accordance with § 25 (2) and in the case of a claim pursuant to section 26 para. 2, if a person suffers damage in the performance of the duties of the customs criminal office in accordance with § 5 or the customs intelligence services. Unofficial table of contents

Section 43 Application of the Federal Data Protection Act

§ 4 (2) and (3), § § 4b, 4c, 10 (1), § § 13, 14 (1), 2, 4 and 5, § 15 (1) to (4) and (6), § § 16, § § 4, § § 4, § § 4, § § 4, § § 4, § § 4, § § 4, § § 4, § § 4, § § 4, § § 4, § § 4, § § 4, § § 16, 18 (2) sentence 2 and 3 as well as § § 19a and 20 of the Federal Data Protection Act (Bundesdatenschutzgesetz) are not applicable. Unofficial table of contents

Section 44 Restriction of fundamental rights

The fundamental rights to physical integrity (Article 2 (2) sentence 1 of the Basic Law), the freedom of the person (Article 2 para. 2 sentence 2 of the Basic Law), the letter, post and telecommunications secrecy (Article 10 (1) of the Basic Law), the Freedom of movement (Article 11 (1) of the Basic Law) and the inviolability of the flat (Article 13 (1) of the Basic Law) are restricted in accordance with the provisions of this Act.

Chapter 5
Criminal and penal rules and freezing

Unofficial table of contents

Section 45 Criminal law

A term of imprisonment of up to two years or a fine shall be punishable by a person who makes a communication contrary to § 23e. Unofficial table of contents

Section 46 Penal rules

(1) The offence is unlawful.

1.: an enforceable order pursuant to section 23a (8) in conjunction with § 2 (1) sentence 1 or 3 of the Article 10 Act is contrary to the law,
2.: Contrary to Article 23a (8) in conjunction with Section 2 (2) sentence 2 of Article 10 Act, a person is entrusted with the task of
3.: Contrary to Section 23a (8) in conjunction with Section 2 (2) sentence 3 of the Article 10 Act, it does not ensure that a secret protection measure is taken.

(2) The administrative offence can be punished with a fine of up to twenty thousand euros. (3) Administrative authority within the meaning of Section 36 (1) No. 1 of the Law on Administrative Offences is the Federal Ministry of Finance; § 36 para. 3 of the Act Administrative offences shall apply mutagentily. Unofficial table of contents

Law on the Customs Crime Office and the Customs Customs Offices

Original Language Title: Gesetz über das Zollkriminalamt und die Zollfahndungsämter

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Law on the Customs Crime Office and the Customs Debt Service Act (Customs Debt Service Act-ZFdG)

Footnote

Content Summary

Chapter 1 Organization

§ 1 Authorities of the Customs Service

§ 2 Central Office

Chapter 2 Customs Crime Office

Section 1 Duties of the Customs Crime Office

§ 3 Tasks as Central Office

§ 4 My Tasks

§ 5 Protection and protection measures

Section 2 Powers of the Customs Crime Office

§ 6 Weisungsrecht

Section 7 Data collection and processing of the central office

§ 8 Collections of personal data of the Central Office

§ 9 Collections of personal data for the observation of certain forms of transport

§ 10 Collections of personal data for the purposes of the tender procedure

§ 11 Customs Information System

§ 12 Responsibility for data protection in the customs information system

Section 13 Information of the Central Office for the Customs Information System

Section 14 Coordination and steering of investigations

§ 15 Collection and collection of personal data for the performance of own tasks

Section 16 Additional powers

§ 17 Use of data from criminal proceedings

§ 18 Data collection by longer-term observational data

§ 19 Data collection by the concealed use of technical means for the production of image recordings and image recordings

§ 20 Data collection by the concealed use of technical means for interception and recording of the unspoken word

Section 21 Data collection by the use of private persons, whose cooperation with the Customs Crime Office is not known to third parties

Section 22 Own security through the use of technical means outside of housing

§ 22a Private insurance through the use of technical means within apartments

Section 23 Powers of safeguards and protection

Section 3 Preventive telecommunications and post-surveillance

§ 23a Restriction of the secrecy of letters, postal and telecommunications

Section 23b Judicial order

Section 23c Implementing provisions

§ 23d transfers by the Customs Criminal Office

§ 23e obligation to comply with the obligation of confidentiality

§ 23f (omitted)

§ 23g Collection of traffic data

Chapter 3 Customs faiths

Section 1 Duties of the customs authorities

§ 24 General tasks

Section 25 Special tasks

Section 2 Powers of the customs authorities

Section 26 General powers

Section 27 Powers for data collection and processing

Footnote

Section 28 Data collection by longer-term observational data

§ 29 Data collection by the concealed use of technical means for the production of image recordings and image recordings

§ 30 Data collection by the concealed use of technical means for interception and recording of the non-publicly spoken word

Section 31 Data collection by the use of private persons, whose cooperation with the customs authorities is not known to third parties

Section 32 self-assurance by the use of technical means outside of housing

Section 32a Private insurance through the use of technical means within apartments

Chapter 4 Common provisions

Section 32b Safeguarding, safekeeping and recycling

Section 32c Support by police officers of the Federal Government and the Länder

§ 33 Data transfer in the national field

§ 34 Data transfer abroad as well as to over-or inter-governmental agencies

Section 34a Transfer of personal data to Member States of the European Union

Section 35 Prohibition of delivery and refusal of refusal

§ 35a Use of data transmitted in accordance with Council Framework Decision 2006 /960/JHA

§ 36 Comparison of personal data

§ 37 Processing and use of personal data for scientific research

§ 38 Further use of data

§ 39 Correction, erasure and blocking of personal data in automated processing and storage in non-automated files

§ 40 Correction, blocking and destruction of personal data which are neither processed automatically nor stored in a non-automated file

Section 41 Order

Section 41a Compensation for benefits

§ 42 Damage compensation

Section 43 Application of the Federal Data Protection Act

Section 44 Restriction of fundamental rights

Chapter 5 Criminal and penal rules and freezing

Section 45 Criminal law

Section 46 Penal rules

§ 47 (omitted)

Search Translated Laws of Germany

Chapter 1
Organization

Chapter 2
Customs Crime Office

Section 1
Duties of the Customs Crime Office

Section 2
Powers of the Customs Crime Office

Section 3
Preventive telecommunications and post-surveillance

Chapter 3
Customs faiths

Section 1
Duties of the customs authorities

Section 2
Powers of the customs authorities

Chapter 4
Common provisions

Chapter 5
Criminal and penal rules and freezing