GERMAN INTELLIGENCE-RELATED LEGAL DOCUMENTS GERMAN INTELLIGENCE-RELATED LEGAL DOCUMENTS| Federal constitution protection law - (BVerfSchG) | |
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First section
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| (1) The protection of the Constitution serves the protection of the liberal democratic constitution, the existence and the security of the Federal Government and the States.
(2) The Federal Government and the States are obligated, to work together in affairs of the protection of the Constitution. (3) The cooperation exists also in mutual support and aid. |
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§ 2 Protection of the Constitution authorities |
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(1) For the cooperation of the Federal Government with the States the Federal Government maintains a Federal office for protection of the Constitution as Bundesoberbehörde. It is subordniate to the Federal minister of the internal. The Federal office for protection of the Constitution may not be incorporated a police agency. (2) For the cooperation of the States with the Federal Government and the States mutually each country maintains an authority for the processing of affairs of the protection of the Constitution. |
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§ 3 Gave up the protection of the Constitution authorities |
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(1) If the protection of the Constitution authorities of the Federal Government and the States gave up is the collection and interpretation of information, particularly from sach - and personal information, news and documents, over |
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Efforts, which are directed at the liberal democratic constitution, the existence or the security of the Federal Government or a country or have an illegal impairment of the administration of the constitution organs of the Federal Government or a country or their members to the goal, |
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sicherheitsgefährdende or geheimdienstliche activities in the range of application of this law for a foreign force, |
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Efforts in the range of application of this law, which endanger through application of power or on it directed preparation acts foreign importance of the Federal Republic of Germany. |
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(2) The protection of the Constitution authorities of the Federal Government and the States work with |
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at the security examination of persons, them in the public interest geheimhaltungsbedürftige facts, objects or knowledge are entrusted, which should receive entrance to it or can procure him/it themselves, |
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at the security examination of persons, who be busy at sicherheitsempfindlichen positions of lebens - or verteidigungswichtigen arrangements or should become, |
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at technical safety precautions to the protection of in the public interest geheimhaltungsbedürftigen facts, objects or knowledge against the perusal through trespassers. |
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The authorities of the Federal office for protection of the Constitution at the assistance according to set 1 No. 1 are in the security examination law of the 20.April 1994 (BGBl. I S. 867) controlled. (3) The protection of the Constitution authorities are bound at the general right instructions (articles 20 of the Constitutional Law). |
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§ 4 Definitions |
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(1) In the sense of this law are |
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a) |
Efforts against the existence of the Federal Government or a country such politically certained, ziel - and zweckgerichteten behaviors in one or for a person union, which is directed at it, to pick up the freedom of the Federal Government or a country by foreign dominion, to eliminate their state unit or to disconnect an area belonging to him/it; |
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Efforts against the security of the Federal Government or a country such politically certained, ziel - and zweckgerichteten behaviors in one or for a person union, which is directed at it, which Federal Government, States or their arrangements to hurt in their functional ability considerable; |
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Efforts against the liberal democratic constitution such politically certained, ziel - and zweckgerichteten behaviors in one or for a person union, which is directed at it, to eliminate one it in paragraph 2 named constitution principle or to set besides worth. |
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For a person union deals, who him/it in his efforts emphatically supports. Requirement for the collection and interpretation of information in the sense the § 3 paragraph 1 is the existing of actual reference points. Behaviors of individuals, who are not dealings in one or for a person union, are efforts in the sense of this law, if they are directed at application of power or because of their operation suitable, to damage a protection asset of this law considerable. (2) Among the liberal democratic constitution in the sense of this law count: |
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the right of the people, the executive in choices and adjustments and to exercise through special organ of the legislation, the executing power and the jurisdiction and the parliament in more generally, more directly, more freely, to choose equal and secret choice, |
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the linking of the legislation at the constitutional order and the linking of the executing power and the jurisdiction at law and right, |
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the right to education and exercise of a parliamentary opposition, |
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the Ablösbarkeit of the government and their responsibility facing the parliament, |
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the independence of the courts, |
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the exclusion of each power - and arbitrariness dominion and |
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them in the Constitutional Law concretised human rights. |
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§ 5 Delimitation of the responsibilities of the protection of the Constitution authorities |
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(1) The state authorities for protection of the Constitution collect information, information, news and documents for the fulfillment of their tasks, werten them/it/her from and transmit them/it/her the Federal office for protection of the Constitution and the state authorities for protection of the Constitution, as far as it is necessary for their task fulfillment. (2) The Federal office for protection of the Constitution may collect in a country in the conduct with the state authority for protection of the Constitution information, information, news and documents in the sense the § 3. At efforts and activities in the sense the § 3 paragraph 1 No. 1 to 3 is requirement, that |
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them/it/her completely or partially against the Federal Government conform, |
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them/it/her over the range of a country out extend, |
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them/it/her foreign importance of the Federal Republic of Germany touch or |
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a state authority for protection of the Constitution the Federal office for protection of the Constitution around a Tätigwerden requests. |
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The conduct can be manufactured for a series of parallel cases. (3) The Federal office for protection of the Constitution instructs the state authorities for protection of the Constitution about all documents, their knowledge for the country to the purpose of the protection of the Constitution is necessary. |
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§ 6 Mutual instruction of the protection of the Constitution authorities |
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The protection of the Constitution authorities are obligated, to lead at the Federal office for protection of the Constitution to the fulfillment the Unterrichtungspflichten after § 5 common files, which use them/it/her in the automated procedure. These files contain only the data, which are necessary for the discovering of acts and the to it necessary identification of persons. The storage of personal data is only under the requirements it §§ 10 and 11 permissible. The call in the automated procedure through other positions is not permissible. The responsibility of a storing position in the sense of the general instructions of the protection of data privacy right carries each protection of the Constitution authority only for them from their entry; only she/it may change these data, disable or delete. The entering position must be detectable. The Federal office for protection of the Constitution meets for the common files the technical and organizational measures after § 9 of the Federal Government data protection act. The leadership of text files or files, which contain further as them in set 2 named data, is under the requirements of this paragraph only permissible for narrowly limited application areas for the enlightenment of sicherheitsgefährdenden or geheimdienstlichen activities for a foreign force or by efforts, which are directed at it, to utilize power or to prepare use of force. The access right is to be limited to persons, which are entrusted directly with works in this application area; in the file layout (§ 14) is to be found the Erforderlichkeit of the photograph of text additions in the file. |
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§ 7 Direction right the Federal Government |
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The federal government can, if an attack results on the constitutional order of the Federal Government, the most upper state authorities the directions necessary for the cooperation of the States with the Federal Government in the area of the protection of the Constitution give. |
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Second section
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§ 8 Authorities of the Federal office for protection of the Constitution |
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(1) The Federal office for protection of the Constitution may raise the information necessary for the fulfillment of his tasks including personal data, process and use, as far as the determinations to be utilized of the Federal Government data protection act or special regulation do not oppose in this law. (2) The Federal office for protection of the Constitution may methods, objects and instruments for the secret information acquisition, as the usage of trust people and Gewährspersonen, Observationen, image - and clay recordings, camouflage papers and camouflage marks utilize. These are to be named in a regulation, which controls also the responsibility for the order of such information acquisitions. The regulation needs the consent of the Federal minister of the internal, which instructs the parliamentary Kontrollkommission. (3) Police authorities or authorities to issue directives do not belong to the Federal office for protection of the Constitution; it may not request the police also in the way of the cooperation between authorities for measures, to which it is authorized personally not. (4) If personal data are raised at the person affected with his knowledge, so is to be indicated the elevation purpose. The person affected is to be pointed to the voluntariness of his statements. (5) From several suitable measures the Federal office for protection of the Constitution has to choose the one, which hurts the person affected probably the least. A measure may bring about no disadvantage, which stands recognizably besides relationship to the intended success. |
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§ 9 Special form of the data elevation |
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(1) The Federal office for protection of the Constitution may raise information, particularly personal data, with the means according to § 8 paragraph 2, if facts justify the acceptance, that |
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in this way knowledge over efforts or activities after § 3 paragraph 1 or the sources necessary for the research of such knowledge can be won or |
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this to the protection of the staff members, arrangements, objects and sources of the Federal office for protection of the Constitution against sicherheitsgefährdende or geheimdienstliche activities is necessary. |
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The elevation according to set 1 is inadmissible, if the research of the fact on other, the person affected less hurtting way is possible; a slighter impairment is to be assumed as a rule, if the information can be won from generally accessible sources or through an information according to § 18 paragraph 3. The application of a means according to § 8 paragraph 2 may not stand recognizably besides relationship for the meaning of the fact to be cleared up. The measure is immediate to terminate, if their purpose is reached or reference points for it devoted, that he/it can not be reached or not in this way. (2) That in an apartment not publicly spoken word may be overheard or recorded with technical means only secretly, if it is imperative in the individual case to the defense of a present mean danger or a present danger for individual persons and suitable police help can be attained for the threatened interest not in time. Set 1 counts accordingly for a concealed usage of technical means for the making of image photographs and image recordings. (3) At elevations after paragraph 2 and such after paragraph 1, which in their kind and gravity of a limit the letter -, mail - and Fernmeldegeheimnisses match, to which particularly the monitoring and recording do not belong the publicly spoken word with the concealed usage of technical means, is |
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the action after his ending the person affected to inform, as soon as a threat of the purpose of the action can be excluded, and |
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the parliamentary Kontrollkommission to instruct. |
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The information raised through such measures may be used only according to the § 7 paragraph 3 of the law to articles 10 Constitutional Law. |
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§ 10 Storage, change and use of personal data |
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(1) The Federal office for protection of the Constitution may store for the fulfillment of his tasks personal data in files, change and use, if |
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actual reference points for efforts or activities after § 3 paragraph 1 exist, |
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this for the research and appraisal of efforts or activities after § 3 paragraph 1 is necessary or |
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the Federal office for protection of the Constitution after § 3 paragraph 2 active becomes. |
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(2) (picked up) |
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3) The Federal office for protection of the Constitution has to limit the storage duration to the measure necessary for his task fulfillment. |
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§ 11 Storage, change and use of personal data of minors |
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(1) The Federal office for protection of the Constitution may under the requirements the § 10 data over minors before completion the 16. Year in to their person led acts only store, change and use, if actual reference points exist for it, that the minor plans one it in § 2 of the law to articles 10 Constitutional Law named criminal offenses, commits or has committed. In files is a storage of data or over the performance of minors before completion the 16. Year not permissible. (2) In files or to their person led acts stored data over minors are to be examined after two years on the Erforderlichkeit of the storage and to delete at the latest after five years, unless after entrance of the full age further knowledge after § have occurred 3 paragraph 1. |
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§ 12 Correction, deletion and obstruction of personal data in files |
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(1) The Federal office for protection of the Constitution has to correct the personal data stored in files, if they are incorrect. (2) The Federal office for protection of the Constitution has to delete the personal data stored in files, if their storage was inadmissible or their knowledge is no more necessary for the task fulfillment. The deletion remains undone, if reason exists to the acceptance, that through them/it/her worthy of protection interests of the person affected would be hurt. In this trap the data are to be disabled. You/They may be transmitted only still with consent of the person affected. (3) The Federal office for protection of the Constitution checks at the single case processing and after established time limits, at the latest after five years, to correct whether stored personal data or are to be deleted. Stored personal data over efforts after § 3 paragraph 1 No. 1 or 3 are to be deleted at the latest ten years after the point in time of the last stored relevant information, unless the authority manager or his agent meets in the individual case exceptionally an other decision. (4) Personal data, which may be used exclusively to purposes of the protection of data privacy control, which Datensicherung are stored or for the guarantee of a regular operation of a data processor, only for these purposes. |
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§ 13 Correction and obstruction of personal data in acts |
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(1) If the Federal office ascertains for protection of the Constitution, that in acts stored personal data are incorrect or is contested their accuracy by the person affected, so is to be noted this in the act or to capture on other way. (2) The Federal office for protection of the Constitution has to disable personal data, if it ascertains in the individual case, that without the obstruction worthy of protection interests of the person affected would be hurt and the data are no more necessary for his future task fulfillment. Blocked data are to be furnished with a corresponding note; they may be used or transmitted no more. A suspension of the obstruction is possible, if their requirements escape subsequently. |
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§ 14 File layouts |
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(1) For each automated file at the Federal office for protection of the Constitution after § 6 or § 10 are in a file layout, which needs the consent of the Federal minister of the internal, to determine: |
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Designation of the file, |
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Purpose of the file, |
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Requirements of the storage, transmission and use (affected category of persons, kinds of the data), |
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Delivery or input, |
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Entrance right, |
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Examination limit, storage duration, |
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Protokollierung. |
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The Federal Government commissioner for the protection of data privacy is to be listened to before decree of a file layout. (2) The storage of personal data is to be limited to the necessary measure. In appropriate distances the necessity of the continuation or altering of the files is to be examined. (3) In the file layout over automated personal text files the access right is to be limited to persons, which are entrusted directly with works in the area, which the text files are associated; statements from text files may not be transmitted without the belonging explaining documents. |
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§ 15 Information at the person affected |
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(1) The Federal office for protection of the Constitution gives the person affected over to his person stored data for proposition gratuitously information, as far as he/it points to this to a concrete fact and a special interest in an information presents. (2) The Auskunftserteilung remains undone, so far |
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a threat of the task fulfillment through the Auskunftserteilung is to be procured, |
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through the Auskunftserteilung sources can be endangered or is to be dreaded the exploration of the knowledge status or the mode of operation of the Federal office for protection of the Constitution, |
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the information the public safety endanger or otherwise the welfare of the Federal Government or a country disadvantages would prepare or |
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the data or the fact of the storage after a right instruction or after their nature, particularly because of the predominant authorized interests of a third, must be concealed. |
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The decision happens the authority manager or by him/it of particularly authorized staff members. (3) The information obligation does not extend to the origin of the data and the receivers of transmissions. (4) The denial the Auskunftserteilung needs no establishment, as far as thereby the purpose of the information denial would be endangered. The reasons of the information denial are on record to make. If the Auskunftserteilung is refused, is to be pointed the person affected to the legal basis for the absence of the establishment and to it, that he/it can turn to the Federal Government commissioner for the protection of data privacy. The Federal Government commissioner for the protection of data privacy is to be given on his longing information, as far as the Federal minister of the internal does not ascertain in the individual case, that thereby the security of the Federal Government or a country would be endangered. Communications of the Federal Government commissioner at the person affected may admit no conclusions on the knowledge status of the Federal office for protection of the Constitution, in so far as it does not agree with a broader information. |
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§ 16 Berichtspflicht of the Federal office for protection of the Constitution |
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(1) The Federal office for protection of the Constitution instructs the Federal minister of the internal about his activity. (2) The instruction after paragraph 1 serves also the enlightenment of the public through the Federal minister of the internal over efforts and activities after § 3 paragraph 1, which results at least once annually in a summing up report. Thereby also personal data may be disclosed, if the announcement is necessary for the understanding of the connection or the representation of organizations or unorganized groups and the interests of the generality prevail the worthy of protection interest of the person affected. In the report the subsidies of the federal budget are to be indicated at the Federal office for protection of the Constitution and the military counterintelligence as well as the respective total number of their servants. |
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Third section
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§ 17 Admissibility of requests |
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(1) If the data is requested after the determinations of this section for transmission by personal data, may be transmitted only, which are known at the requested authority or can be taken from generally accessible sources. (2) Paragraph 1 does not count for special request of the protection of the Constitution authorities, the military of counterintelligence and the German Intelligence service around such data, which become at the perception grenzpolizeilicher tasks known. The admissibility of these special requests and their settlement controls the Federal minister of the internal in a regulation. He/it instructs the parliamentary Kontrollkommission about their decree and necessary alters. Set 2 and 3 does not count for the special requests between authorities of the same federal state. |
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§ 18 Transmission of information at the protection of the Constitution authorities |
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(1) The authorities of the Federal Government, which bundesunmittelbaren legal persons of the public right, which offices of the District Attorney and, subject to which staatsanwaltschaftlichen perceives Sachleitungsbefugnis, the police as well as the inch, as far as he/it tasks after the Federal Border control law, instruct from themselves from the Federal office for protection of the Constitution or the protection of the Constitution authority of the country about them them bekanntgewordenen facts, which show sicherheitsgefährdende or geheimdienstliche activities for a foreign force or efforts in the range of application of this law, which are directed through application of power or at it directed preparation acts at them in § 3 paragraph 1 No. 1 and 3 named protection goods. Over set 1 going out Unterrichtungspflichten after the law over the military counterintelligence or the law over the German Intelligence service remain untouched. On the transmission of information between authorities of the same federal state set 1 finds no application. (2) The office of the District Attorney and, subject to which staatsanwaltschaftlichen perceives Sachleitungsbefugnis, the police as well as the inch, as far as he/it tasks after the Federal Border control law, and the German Intelligence service may transmit in addition from themselves from the Federal office for protection of the Constitution or the protection of the Constitution authority of the country also all others them bekanntgewordenen information including personal data over efforts after § 3 paragraph 1, if actual reference points exist for it, that the transmission is necessary for the fulfillment of the tasks of the protection of the Constitution authority. Paragraph 1 set 3 is applied. (3) The Federal office for protection of the Constitution may for the fulfillment of his tasks the office of the District Attorney and, subject to which staatsanwaltschaftlichen request Sachleitungsbefugnis, the police as well as other authorities for transmission of the information necessary for the fulfillment of his tasks including personal data, if they can not be raised from generally accessible sources or only with excessive expense or only through one the person affected more greatly burdening measure. Under it equal requirements are allowed to do protection of the Constitution authorities of the States |
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Authorities of the Federal Government and the bundesunmittelbaren legal persons of the public right, |
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Offices of the District Attorney and, subject to which staatsanwaltschaftlichen Sachleitungsbefugnis, police of the Federal Government and other States around the transmission of such information request. |
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(4) If 3 set 1 would be endangered through the transmission after paragraph the purpose of the measure or hurts the person affected disproportionately, the Federal office for protection of the Constitution at the perception of the tasks after § may understand 3 paragraph 1 No. 2 and 3 as well as at the observation of terrorist efforts official registers. (5) The requests after paragraph 3 are on record to make. Over the inspection after paragraph 4 the Federal office for protection of the Constitution has to lead a proof, from which the purpose and the occasion, emerge the requested authority and the act find position; the proofs are to be preserved separately, to secure against unauthorized access and at the end of the calendar year, which follows the year of their establishing, to destroy. (6) The transmission of personal data, which are by virtue of a measure after § 100a of the Strafprozessordnun bekanntgeworden, is only permissible after the instructions of the paragraphs 1, 2 and 3, if actual reference points exist for it, that somebody plans one it in § 2 of the law to articles 10 Constitutional Law named criminal offenses, commits or has committed. On them of a protection of the Constitution authority according to set 1 transmitted knowledge and documents finds § 7 paragraph 3 and 4 of the law to articles 10 Constitutional Law corresponding application. |
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§ 19 Transmission of personal data through the Federal office for protection of the Constitution |
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(1) The Federal office for protection of the Constitution may transmit personal data at domestic authorities, if this is necessary for the fulfillment of his tasks or the receiver required the data to the protection of the liberal democratic constitution or otherwise for purposes of the public safety. The receiver may the transmitted data, as far as legal nothing is certain other, only to the purpose use, to which they were transmitted him/it. (2) The Federal office for protection of the Constitution may transmit personal data at agencies the Stationierungsstreitkräfte, so far the Federal Republic of Germany to it in the border of articles 3 of the supplementary agreement to the agreement between the parties of the north Atlantic contract over the legal status of their troops with regard to it in the Federal Republic of Germany stationed foreign troops from 3. August 1959 (BGBl. 1961 II S. 1183, 1218) is obligated. (3) The Federal office for protection of the Constitution may transmit personal data at foreign public positions as well as at over - and international positions, if the transmission is necessary for the fulfillment of his tasks or for the protection of considerable security interests of the receiver. The transmission remains undone, if foreign importance of the Federal Republic of Germany or predominant worthy of protection interests of the person affected oppose. The transmission is on record to make. The receiver is to be pointed to it, that the transmitted data may be used only to the purpose, to which they were transmitted him/it, and the Federal office for protection of the Constitution themselves reserves, to ask information on the undertaken application of the data. (4) Personal data may not be transmitted at other positions, unless this is necessary to the protection of the liberal democratic constitution, the existence or the security of the Federal Government or a country and the Federal minister of the internal has given his consent. The Federal office for protection of the Constitution leads on the information according to set 1 a proof, from which the purpose of the transmission, their occasion, the act find position and the receiver emerge; the proofs are to be preserved separately, to secure against unauthorized access and at the end of the calendar year, which follows the year of their establishing, to destroy. The receiver may use the transmitted data only for the purpose, to which they were transmitted him/it. The receiver is to be pointed to the application limit and to it, that the Federal office for protection of the Constitution reserves itself, to ask information on the undertaken application of the data. |
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§ 20 Transmission of information through the Federal office for protection of the Constitution at criminal prosecution - and security authorities in affairs of the state - and protection of the Constitution |
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(1) The Federal office for protection of the Constitution transmits the offices of the District Attorney and, subject to which staatsanwaltschaftlichen Sachleitungsbefugnis, the police of itself from them him/it bekanntgewordenen information including personal data, if actual reference points exist for it, that the transmission is necessary for the prevention or tracing of state protection offenses. Offenses according to set 1 are exist them in §§ 74 a and 120 the court constitution law named criminal offenses as well as other criminal offense, at them by virtue of their objective, the motive of the perpetrator or its link to an organization actual reference points for it, that they are directed at them in articles 73 No. 10 letter b or c of the Constitutional Law named protection goods. The Federal office for protection of the Constitution transmits the German Intelligence service of itself from them him/it bekanntgewordenen information including personal data, if actual reference points exist for it, that the transmission is necessary for the fulfillment of the legal tasks of the receiver. (2) The police may request for the prevention of state protection offenses after paragraph 1 set 2 the Federal office for protection of the Constitution for transmission of the necessary information including personal data. The German Intelligence service may request for the fulfillment of his tasks the Federal office for protection of the Constitution for the transmission of the necessary information including personal data. |
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§ 21 Transmission of information through the protection of the Constitution authorities of the States at criminal prosecution - and security authorities in affairs of the state - and protection of the Constitution |
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(1) The protection of the Constitution authorities of the States transmit the offices of the District Attorney and, subject to which staatsanwaltschaftlichen Sachleitungsbefugnis, the police information including personal data under the requirements the § 20 paragraph 1 set 1 and 2 as well as paragraph 2 set 1. On the transmission of information between authorities of the same federal state finds set 1 no application. (2) The protection of the Constitution authorities of the States transmit the German Intelligence service and the military counterintelligence information including personal data under the requirements the § 20 paragraph 1 set 3 as well as paragraph 2 set 2. |
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§ 22 Transmission of information through the office of the District Attorney and police at the military counterintelligence |
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For the transmission of information including personal data through the office of the District Attorney and, subject to which staatsanwaltschaftlichen perceives Sachleitungsbefugnis, the police as well as the inch, as far as he/it tasks after the Federal Border control law, at the military counterintelligence finds § 18 corresponding application. |
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§ 23 Transmission Forbid |
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The transmission after the instructions of this section remains undone, if |
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for the transmitting position is recognizable, that under consideration of the kind of the information and their elevation the worthy of protection interests of the person affected prevail the Allgemeininteresse at the transmission, |
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predominant security interests this require or |
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special legal transmission regulations oppose; the obligation for the protection legal Geheimhaltungspflichten or from profession - or special official secrets, which do not rest on legal instructions, remains untouched. |
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§ 24 Minderjährigenschutz |
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(1) Information including personal data over the performance of minors may be transmitted after the instructions of this law, as long as the requirements of the storage are fulfilled after § 11. If these requirements exist no more, remains a transmission only permissible, if she/it is necessary to the defense of a considerable danger or for the tracing of a criminal offense of considerable meaning. (2) Information including personal data over the performance of minors before completion the 16. Year may not be transmitted after the instructions of this law at foreign or over - or international positions. |
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§ 25 Duties of the receiver |
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The receiver checks, whether the personal data transmitted after the instructions of this law are necessary for the fulfillment of his tasks. If the test yields, that they are not necessary, he/it has to destroy the documents. The destruction can remain undone, if the separation is not to be disabled by other information, which are necessary for the fulfillment of the tasks, or only with unvertretbarem expense possible; in this case are the data. |
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§ 26 Nachberichtspflicht |
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If personal data prove after their transmission after the instructions of this law as incompletely or incorrectly, so are to be corrected them/it/her immediately facing the receiver, it his for, that this is for the judgment of a fact without meaning. |
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Fourth section
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§ 27 Worth of the Federal Government data protection act |
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At the fulfillment of the tasks after § 3 through the Federal office for protection of the Constitution the Federal Government data protection act in the poise of the law for the further development of the data processing and the protection of data privacy find them §§ 10 and 13 to 20 no application. |
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