GERMAN INTELLIGENCE-RELATED LEGAL DOCUMENTS GERMAN INTELLIGENCE-RELATED LEGAL DOCUMENTSFrom that 20. December 1991 (BGBl. I S. 2272), finally changed through the third law for the altering of the Stasi - documents - law of that 20. December 1996 (BGBl. I S. 2026)
The Bundestag has concluded with consent of the Bundesrat the following law:
First section generals and fundamental instructions
§ 1 purpose and application area of the law
§ 2 acquisition, custody and management of the documents of the state security service
§ 3 rights the individual
§ 4 admissibility of the application of the documents of the state security service through public and not - public positions
§ 5 Special application prohibition
§ 6 definitions
Second section acquisition of the documents of the state security service
§ 7 discovering of documents of the state security service, obligations to notify the authorities
§ 8 release duty of public positions
§ 9 release duty not - public positions
§ 10 documents of the socialist unity party of Germany, other with their joined party and mass organizations as well as other documents in the connection with the state security service
§ 11 return and release of documents of other authorities through the league commissioner
Third section
Application of the documents of the state security service
First subsection rights of persons affected, thirds, staff members of the state security service and Favored
§ 12 procedural rules for persons affected, thirds, staff members and Favored the state security service
§ 13 right of persons affected and thirds on information, judgment and release
§ 14 Anonymisierung and deletion of personal information about persons affected and thirds
§ 15 right of near relatives of missing persons or deceaseds on information, judgment and release
§ 16 right of staff members of the state security service on information, judgment and release
§ 17 right by Favored on information, judgment and release
§ 18 right to information, judgment and release at the state security service left acts of courts and offices of the District Attorney
Second subsection
Application of the documents of the state security service through public and not - public positions
§ 19 entrance to the documents through public and not - public positions, procedural rules
§ 20 application of documents, which contain no personal information about persons affected or thirds, through public and not - public positions
§ 21 application of documents, which personal information about persons affected or thirds contain, through public and not - public positions
§ 22 application of documents for purposes of parliamentary fact-finding committees
§ 23 application of documents for purposes of the criminal prosecution and danger defense
§ 24 application it the state security service left acts of courts and offices of the District Attorney
§ 25 application of documents for purposes of the news services
§ 26 application of regulations and Organisationsplänen
§ 27 communications without requests at public positions
§ 28 communications without requests at not - public positions
§ 29 purpose linking
§ 30 notification of the transmission
§ 31 lawfuls examination of decisions of the league commissioner for proposition of authorities
Third subsection
Application of the documents of the state security service for the political and historic reconditioning as well as through press and radio
§ 32 application of documents for the reconditioning of the activity of the state security service
§ 33 procedures
§ 34 application of documents through press, radio and film
Fourth section
League authorized for the documents of the state security service
§ of 35 league commissioners for the documents of the state security service of the former German democratics republic
§ 36 legal status of the league commissioner
§ 37 tasks and authorities of the league commissioner
§ 38 country commissioners, relationship to the league commissioner
§ 39
adviser
§ 40 measures for the backup of the documents
§ 41 Automated procedures, information processing in the order
Fifth section
Conclusion instructions
§ 42 costs
§ 43 precedence of this law
§ 44 Strafvorschriften
§ 45 bus money instructions
§ 46 impunity
§ 46 a restraint of basic rights
§ 47 suspension of instructions, transition of the incumbent
§ 48 taking effect
(1) This law controls the acquisition, opening, management and application of the documents of the ministry for state security and his precursor - and successor organizations (state security service) of the former German democratics republic, around
1. the individual entrance to it by the state security service to his person stored information to allow for, so that he/it can clear up the exertion of influence of the state security service on his personal fate,
2. the individual before it to protect, that he/it is hurt through the relation with it by the state security service to his person stored information in his personality right,
3. the historic, political and legal reconditioning of the activity of the state security service to assure and to further,
4. public and not to put - public positions the necessary information for the purposes named in this law for the disposal.
(2) This law does not count for documents of the state security service, which itself at public positions of the league or the countries, at natural persons or other - public positions feel.
(1) The league commissioner for the documents of the state security service of the former German democratics republic (league commissioner) records, preserves, manages and uses the documents of the state security service according to this law.
(2) The league commissioner can use for the fulfillment of his tasks after this law following information from the main office inhabitant registers of the former German democratics republic:
These data are to be transmitted on requests the courts and criminal prosecution authorities for the fulfillment of their tasks.
(1) Each individual has the right, to demand by the league commissioner information over it, whether in the opened documents information are founded to his person. If that is the case, has the individual the right to information, judgment in documents and release of documents according to this law.
(2) Each individual has the right, the information and documents, which he/it has received from the league commissioner, to use in the border of the general laws.
(3) Through the Auskunftserteilung, grant of judgment in documents or release of documents may not be hurt predominant worthy of protection interests of other persons.
(1) publics and not - public positions have use only entrance to the documents and are allowed to do them/it/her only, as far as this law allows it or orders. If persons affected put, thirds, closely relatives of missing persons or deceaseds, staff members or Favored the state security service documents with information about their person by himself from before, may be used these also for the purposes, for which they have been presented.
(2) Ascertains the league commissioner or is informed him/it, that personal information are incorrect in documents, or is contested the accuracy of the person, on who they refer,, so is to be noted this on a separate leaf and to enclose the documents.
(3) Have been transmitted personal information because of a request after it §§ 20 to 25 and prove them/it/her with regard to the person, on who the request referred, after their transmission as incorrectly, so are to be corrected them/it/her facing the receiver, unless this is for the judgment of a fact without meaning.
(4) Through the application of the documents may not be hurt predominant worthy of protection interests of other persons.
(1) The application of personal information about persons affected or thirds, who have been won in the border the goal-oriented Informationserhebung or Ausspähung of the person affected including secret lnformationserhebung, to the disadvantage of these persons is inadmissible. This does not count in the cases the § 21 paragraph 1 No. 1 and 2, if statements of the person affected or third prove because of the information completely or partially as incorrectly.
(2) The application of documents is inadmissible for a delimited period, if the responsible office of the District Attorney or the court explains facing the league commissioner, that for one certained period the application the implementation of a criminal proceeding would hurt. This does not count, if thereby persons would be limited in the perception of their rights in unreasonable way. In this trap the application results in the agreement with the office of the District Attorney or the court.
(1) documents of the state security service are
1. all Informationsträger independently from the form of the storage, particularly
a) Acts, files, documents, cards, plans, film, image -, clay - and other recordings,
b) their copies, copies and other duplicates as well as
c) the resources necessary for the interpretation, particularly programs for the automated data processing,
as far as they emerged at the state security service or at the work area 1 of the criminal investigation department of the Peoplés police, in whose property arrives or have been left them for the application,
2. the state security service left acts of courts and offices of the District Attorney.
(2) to the documents Do not belong
1. If the state security service write besides equipment, which he/it has sent other public or not - public positions, as far as these positions were not facing him/it legal or factual weisungsbefugt,
2. If no reference points unterlagen, which have been given back at other positions for reasons of the responsibility further or and be situated in them, that the state security service has met or caused measures,
3. documents, their processing before that 8. May 1945 was completed and be situated in them no reference points, that the state security service them/it/her over the archivische has used opening out,
4. Objects and documents, the persons affected or third by the state security service illegally have been taken away or denied. As far as it deals with documents, the league commissioner can take duplicates to his documents.
(3) persons affected are persons, to whom the state security service because of goal-oriented Informationserhebung or Ausspähung including secret lnformationserhebung has collected information. Set 1 does not count
1 for staff members of the state security service, as far as the collection of the information has served only the opening and advertising or only the control of their activity for the state security service, and
2. for Favored, as far as the collection of the information has served only the opening or only the control of their performance in the regard on the patronage.
(4) staff members of the state security service are full-time and unofficial staff members.
1. Full-time staff members are persons, who have stood in an official work - or service relationship of the state security service and officers of the state security service in the special usage.
2. Unofficial staff members are persons, who have themselves for the delivery of information at the state security service bereiterklärt.
(5) The instructions over staff members of the state security service count accordingly for
1. persons, the or factual weisungsbefugt legal facing staff members of the state security service with regard to their activity for the state security service were,
2. unofficial staff members of the work area 1 of the criminal investigation department of the Peoplés police.
(6) Favored are persons, them
1. by the state security service essentially have been furthered, particularly through Verschaffung more of professional or other economic advantages,
2. by the state security service or on his occasion at the criminal prosecution have been spared,
3. with knowledge, toleration or support of the state security service criminal offenses furthered, prepares or have committed.
(7) thirds are other persons, over who the state security service has collected information.
(8) Whether persons are staff members of the state security service, Favored, persons affected or thirds, is to be ascertained for each information separately. for the settlement the information is standard, with which goal direction in the documents have been taken in.
(9) The application of documents includes the transmission of documents, the transmission of information from the documents as well as the other processing and the use of information. As far as in this instruction nothing is certain other, the definitions count it §§ 2 and 3 the league data protection act with the proviso, that to it - public positions do not belong also the religion companies.
Second section acquisition of the documents of the state security service
(1) All public positions support the league commissioner at his inquiries for the discovering of the documents of the state security service and at their assumption. If she/it is them known or ascertain occasionally the fulfillment of their tasks, that at them documents of the state security service or copies, copies or other duplicates of such documents feel themselves, so have to indicate them/it/her this the league commissioner immediately.
(2) The league commissioner can take in the agreement with a public position in their registries, records and other information collections judgment, if sufficient reference points exist for the forehand being of documents of the state security service.
(3) naturals persons and other - public positions are obligated, to indicate the league commissioner immediately, that at them documents of the state security service or copies, copies or other duplicates of such documents do not feel themselves, as soon as this becomes them known.
(1) Each public position has to publish the league commissioner on its longing immediately at her located documents of the state security service including copies, copies and other duplicates.
(2) Requires the public position documents for the fulfillment of their tasks in the border after the purpose linking it §§ 20 to 23 and 25, can take them/it/her duplicates to their documents. If this original unterlagen may be taken only to the documents, as far as is imperative in the individual case for the Aufgabenermitlung. In this case the league commissioner are to be published on demand duplicates.
(3) documents about persons affected are to be published by the news services of the league and the countries ersatzlos and completely at the league commissioner.
(1) Each natural person and each other closed position has to publish the league commissioner on its longing immediately documents of the state security service, as far as these are not property of the natural person or the other not - public position. The proof the Eigentumserwerbs does not be incumbent on the natural person or other - public position. From the property of the natural person or other not - public position can exit become at documents after § 10 paragraph 4, which has produced them/it/her personally.
(2) So far documents at the league commissioner are to be published, are to be published him/it also copies and other duplicates.
(3) Each natural person and each other closed position has the league commissioner on its longing documents of the state security service, which are their property, to leave for the making of copies, copies or other duplicates.
(1) The league commissioner can for the fulfillment of his tasks by the responsible positions information on kind, content and depository of the documents of the socialist unity party of Germany, other with their joined party and mass organizations of the former German democratics republic demand.
(2) The league commissioner can demand judgment in the documents. At the search after the required documents he/it is to be supported.
(3) The league commissioner are to be published on his longing duplicates by such documents, which stand in the connection with the activity of the state security service and requires them he/it for the perception of his tasks. The duplicates become element of the documents after § 6 paragraph 1.
(4) The paragraphs 1 to 3 count accordingly for documents, which recognizably in the cooperation other more publicly or not - public positions of the former German democratics republic with the state security service, on his occasion or for the conversion of his orders or references have emerged.
(1) The league commissioner has documents of other authorities, in whom no reference points be situated for it, that the state security service has met or caused measures,
1. on requirement or
2. if he/it ascertains occasionally the fulfillment of his tasks the forehand his of such documents, to give back at the responsible positions. The league commissioner can take duplicates to his documents.
(2) The league commissioner has to publish in the secrecy degrees Secretly and more more highly classified documents of the league, the countries as well as documents of their news services at the Federal minister of the internal or the responsible state authorities. The league commissioner can take duplicates to his documents. If überstaatlicher unterlagen between - or organizations and foreign states, which are classified into the secrecy degrees Vs - Confidentially and more more highly and is obligated to their protection from unauthorized perusal the Federal Republic of Germany because of more international law contracts, are to be published at the Federal minister of the internal than nationals security authority.
(3) documents about plant equipment, technical procedures and ecological damages of the operation groundlessly of industrial firms, which were incorporated the state security service completely or partially a - or, are to be published on requirement on the current disposal claimant. The league commissioner can take duplicates to his documents.
(4) The league commissioner has documents about objects and other objects, particularly reason tear plans, to publish plans over provision plumbing and voice-grade channels, at the current disposal claimant. The league commissioner can take duplicates to his documents.
(5) Are discontinued full-time staff members of the state security service in the public service or in the public service weiterbeschäftigt, are them to their person, to publish led Personalunterlagen in the necessary extent at the responsible personalaktenführende position. The league commissioner can take duplicates to his documents.
(6) So far former staff members of the state security service receivers of pensions are, the Personalunterlagen led to their person are to be published in the necessary extent at the Versorgungsträger. The league commissioner can take duplicates to his documents.
Third section application of the documents of the state security service
First subsection rights of persons affected, thirds, staff members of the state security service and Favored
(1) The proposition for information, to put judgment in documents or release of documents is written. The applicant has through a confirmation of the responsible state authority his identity and, if he/it deals as legal agent, to show his representation force. If the proposition is put through a deputy with proof of his authority, is given information, judgment in documents grants or are published documents
1. persons affected, thirds, staff members, Favored or
2. their attorney, if he/it is authorized to it explicitly.
If a judgment grantee is at the judgment in the documents on foreign help dependent, can leave he/it accompanied himself through a person his Vetrauens. The neediness is plausible to make. The league commissioner can reject the escort, if special reason justify this.
(2) information are given by the league commissioner in writing, in so far as is not in the individual case an other form of the information appropriate. He/it meets the decision after due judgement.
(3) Should be treated a proposition for information with precedence, is to be presented the special Eilbedürftigkeit finds. From the Eilbedürftigkeit it can be exit, if the information is required to purposes of the rehabilitation, reparation, defense of a threat of the personality right or for the discharge by the reproach of a cooperation with the state security service.
(4) judgment is granted in original documents or in duplicates. If documents contain besides the personal information about the applicant also such over other persons affected or third, is granted judgment in original documents only, if
1. other persons affected or third have consented or
2. a separation of the information about other persons affected or third or only with unvertretbarem expense is possible and does not exist no reason to the acceptance, that worthy of protection interests of other persons affected or third prevail at the secrecy.
In the remaining is granted judgment in duplicates, in which the personal information about other persons affected or third have been anonymized. The inspection results in the central position or in one of the branches.
(5) documents are published only as duplicates, in which the personal information about other persons affected or third have been anonymized.
(6) The right to judgment and release does not count for the resources (§ 6 paragraph 1 No. 1 letter c) necessary for the interpretation. If other documents are not or only with disproportionate expense findable, extends the right to judgment and release to duplicates of file cards, which serve the interpretation of the documents and are founded in them personal information about the applicant.
(1) persons affected is to be given for proposition information on the and opened documents available to their person. In the proposition statements should be made, which allow for the discovering of the documents. The purpose, to which the information is brought in, does not have to be indicated.
(2) The information includes a description of the and opened documents and a playback available to the person of the person affected of their essential content. The information can be limited first of all to the communication, that documents are available and the person affected can take judgment in these documents.
(3) The person affected is to be granted for proposition judgment in the and opened documents available for his person.
(4) The person affected are to be published for proposition duplicates of documents. In the duplicates the personal information about other persons affected or third are to be anonymized.
(5) Are contained in the and opened documents available to the person of the person affected, in who the person affected taken judgment or from them he/it has received duplicates, code names of staff members of the state security service, the information about him/it collected or exploits or have led them these staff members,, so are to be disclosed him/it on demand the names of the staff members and further identification statements, as far as they can be taken from the documents of the state security service uniquely. Set 1 counts also for other persons, who have the person affected in writing denunziert, if the content of the denouncement was suitable, to prepare the person affected disadvantages. Interests of staff members and informers at the secrecy of their names do not oppose the announcement of the names.
(6) paragraph 5 set 1 and 2 does not count, if the staff member of the state security service or the informer in the point in time of his activity against the person affected had not yet completed the 18th year.
(7) for thirds count the paragraphs 1 to 6 accordingly with the proviso, that the applicant has to make statements, which allow for the discovering of the information. The information is given only, if the for it necessary expense does not stand besides relationship to that from the applicant counting made information interest.
(1) For proposition of persons affected and thirds become in the documents led to their person of the state security service eirschliesslich of the resources, which serve the discovering of the documents, which anonymizes their person concerned information. Propose can be put from 1. January 1999.
(2) The Anonymisierung remains undone,
1. so far other persons an evidently predominant interest in a permissible use of the information for the removal of an existing proof need have,
2. as far as the information are necessary for the research to the political and historic reconditioning,
3. as long as a these documents is pending concerned Zugangsersuchen of a responsible position
and for that reason the interest of the applicant at the Anonymisierung must step back. The lnformationen contained to the person of the applicant in the documents may be transmitted or used without his consent only, as far as this is for the purpose, which the anonymisierung opposes, imperative.
(3) The paragraphs 1 and 2 count accordingly for personal information about the applicant, who are available in documents, which are led to the person of a staff member of the state security service.
(4) Is not to be utilized a Anonymisierung possible and is not paragraph 2, steps at the position the Anonymisierung the destruction of the base. So far the documents automates are readable, steps at the position of the destruction of the base the deletion it on their stored information. Set 1 does not count, if the documents contain also personal information about other persons affected or third and these of the destruction of the documents do not agree with.
(1) nears relatives is to be given for proposition information
1. for the rehabilitation of missing persons or deceaseds,
2. to the protection of the personality right of missing persons or deceaseds, particularly for the clarification of the reproach of the cooperation with the state security service,
3. for the enlightenment of the fate of missing persons or deceaseds. In the proposition are the purpose, to which the information is brought in, to make plausible and the kinship relationship to it missed or to show late person.
(2) § 13 paragraph 1 set 2 and paragraph 2 to 6 counts accordingly.
(3) Near relatives are spouses, children, grandchildren, parents and siblings.
(4) paragraph 1 does not count, if the missing person or deceased has left behind an other disposal or his opposing will emerges from other circumstances uniquely.
(1) staff members of the state security service is to be given for proposition information on their personal information, which are founded in the documents led to their person.
(2) The information can has been reported besides a paraphrase of kind and extent of the activity, the category of persons, on which, just as the frequency of the report generation include.
(3) The staff member is to be granted for proposition judgment in the documents led for his person. § 12 paragraph 4 set 2 No. 2 does not count.
(4) The staff member can given for proposition information from the reports prepared by him/it and are granted judgment in these, if he/it makes plausibly, that he/it has at this a legal interest. This does not count, if the authorized interest of persons affected or thirds prevails at the secrecy.
(5) The staff member are to be published for proposition duplicates of the documents led to his person. In the duplicates the personal information about persons affected or thirds are to be anonymized.
(1) For the right by Favored on information, judgment in documents and release of documents counts § 16 paragraph 1, 3 and 5 accordingly.
(2) It Favored has to make statements, which allow for the discovering of the information.
(3) paragraph 1 does not count, if the responsible most upper federal authority or the responsible state authority explains facing the league commissioner, that an information, grant of judgment in documents or release of documents because of a predominant public interest must remain undone.
At it by the league commissioner preserved acts of courts and offices of the District Attorney count for the right to information, judgment in acts and release of acts in lieu of the § 12 paragraph 4 to 6 and it §§ 13, 15 to 17 and 43 the respective legal procedure orders.
Second subsection application of the documents of the state security service through public and not - public positions
(1) The league commissioner does not make communications at public and - public positions, grants them judgment in documents and publishes them documents, as far as their application after it §§ 20 to 23, 25 and 26 is permissible. (The sets 2 to 4 step at the 1. August 1998 in power) In the cases §§ 20 and 21 respectively paragraph 1 No. 6 letter d to f, No. 7 letter b to f remains undone a communication, judgment grant and release, if no references are available, that after that 31. December 1975 a inoffiziele activity for the state security service or a foreign news service has lain before. Set 2 does not count for persons, who apply for an office, a function, the permission or setting in the cases it §§ 20 and 21 respectively paragraph 1 No. 6 letter a to c or No. 7 letter a.. Set 2 does not count likewise, if from the documents reference points emerge for it, that a staff member in the connection with his inoffizielen committed activity a crime or has offended against principles of the humaneness or rule of law.
(2) requests can be directed by the public position responsible for the fulfillment of the respective task to the league commissioner. Who for one - public position does not put a request, his right has to show to this in writing under reference on the legal basis.
(3) The league commissioner checks, whether a request for communication, inspection or release covers to a permissible intended purpose, in the border of the tasks of the receiver lies and to what extent the application is necessary itself for the indicated purpose. With requests of courts, offices of the District Attorney and police, as far as they dealings as auxiliary organs the office of the District Attorney, the league commissioner checks the admissibility only, as far as to it occasion exists.
(4) communications are made by the league commissioner in writing, in so far as is not in the individual case an other form of the communication appropriate. He/it meets the decision after due judgement.
(5) Should be treated a request for communication with precedence, is to be presented the special Eilbedürftigkeit finds. From the Eilbedürftigkeit can be exit,
1. if the communication is required to purposes of the rehabilitation, reparation, defense of a threat of the personality right or for the discharge by the reproach of a cooperation with the state security service,
2. at the enlightenment, acquisition and backup of the capability of the former German democratics republic and the former legal entities with seat in their area as well as the capability, which was associated the range of the commercial coordination,
3. at the examination of persons in the cases the §20 paragraph 1 No. 6 and 7 and the § 21 paragraph 1 No. 6 and 7,
4. at the criminal prosecution and danger defense in the cases the § 23 paragraph 1 set 1 No. 1 letter a and b and No. 2.
(6) judgment is granted, if communications do not suffice. § 12 paragraph 4 counts accordingly with the proviso, that at the position of the applicant the person steps, on which the request refers.
(7) documents are to be published, if the requesting position finds presents, that communications and inspection would be not suffice or the inspection with unvertretbarem joined expense. If this original unterlagen are published only, if is imperative particularly for proof purposes. You/They are at the league commissioner immediate to give back, as soon as they are required for the intended purpose no more. If the documents contain besides the personal information about persons, on who the request refers, also such over other persons affected or third, counts § 12 paragraph 4 set 2 and 3 accordingly.
(8) In the cases it §§ 20 and 21 respectively paragraph 1 No. 6und 7 remains undone a communication, judgment grant and release, if
1. the information on an activity during the completion of the legally prescribed military service in the armed forces of the former GDR or a the military service of corresponding service outside the ministry for state security refer, thereby no personal information have been delivered and the activity at the end of the service not has been continued or
2. after the content of the opened documents is certain, that despite an obligation to the cooperation no information have been delivered.
Paragraph 3 set 1 remains untouched.
(1) documents, as far as they contain no personal information about persons affected or thirds, may not be used through public and - public positions in the necessary extent for following purposes:
1. Rehabilitation of persons affected, missing persons and deceaseds, reparation, performances after the prisoner help law,
2. Protection of the personality right,
3. enlightenment of the fate of missing persons and unsolved deaths,
4. If the Versorgungsruhensgesetz as well as abridgement or deprivation or quiets of performances rest from provision performances after, on which the Versorgungsruhensgesetz is applied corresponding,
5. Enlightenment, acquisition and backup of the capability of the former German democratics republic and the former legal entities with seat in their area as well as the capability, which was associated the range of the commercial coordination,
6. Examination of the following persons according to it for it existing regulations and with their knowledge for the settlement, whether they were active full-time or unofficial for the state security service, as far as it has not dealt with activities for the state security service before completion the 18th year:
a) Members of the federal government or a state government as well as other in a ötfentlich - legal office relationship standing persons,
b) Delegated and relatives of communal representation bodies,
c) Members of the adviser after § 39,
d) Persons, who in the public service of the league, the countries including the communities and the community associations, over - or international organizations, in which the Federal Republic of Germany is member, in the church service as well as as staff member of representatives and fractions of the German of Bundestag and the Läderparlamente are busy or weiterverwendet should become,
e) Persons, who become as notary weiterverwendet or as attorney should remain active,
f) -Vorstandsmitglieder, managers, plant managers or leading employees in service a legal person, -durch law, statute or contract for the representation of the person majority summoned persons, managers, plant managers or leading employees in service a person majority, employees it from the special capability Germans Federal Postal service emerged enterprises,
g) Security examinations of persons,
-denen in the public interest geheimhaltungsbedürftige Talsachen, objects or knowledge are entrusted, which should receive entrance to it or him/it themselves can procure or
-die at sicherheitsempfindlichen positions of lebens - or verteidigungswichtigen arrangements be busy or should become;
the settlement can refer also to the activity for a foreign news service,
7. Examination of the following persons with their consent for the settlement, whether they were active full-time or unofficial for the state security service, as far as it has not dealt with activities for the state security service before completion the 18th year:
a) Directed from political parties to down to the circle level,
b) Persons, who are active as honorary judges,
c) Persons, who are active in a church honorary office.
d) Persons, the function leading in associations on league - or state level perceive; so far it around lawful procedures does not deal, is made only a communication,
e) Factory committees,
f) Persons, who itself
-in the above-mentioned cases or
-in the cases of the number 6 letter a to f
for the office, the function, the permission or the setting apply;
the settlement can refer also to the activity for a foreign news service; if actual reference points exist for the suspicion of an activity for the state security service or a foreign news service, suffices in lieu of the consent the knowledge of the person to be examined,
8. If the league hunt law proceed for the bestowing or to the withdrawal of a permission after the weapon law,, the explosive law, which Kriegswaffenkontrollgesetz and the Aussenwirlschaftsgesetz, emerge as far as from the documents references on the personal reliability of former staff members of the state security service,
9. reward of occupation times, payment and overpass of the pensions of former relatives of the state security service,
10. Medal affairs.
(2) § 26 remains untouched.
(3) The application for them in paragraph 1 No. 6 and 7 named purpose is inadmissible at the end of a time limit of 15 years. The time limit begins at the day the Inkraftretens of this law. At the end of the time limit the fact of an activity for the state security service may harangued the staff member in the right-hand traffic no more and are exploited not to his disadvantage. The exceptions the § 52 paragraph 1 of the league central register law count accordingly. In the connection with the activity of the staff member emerged rights of other persons, legal right sequences of the activity and decisions of courts or administrations, which have indulged in the connection with the activity, remain untouched.
(1) documents, as far as they contain personal information about persons affected or thirds, may not be used through public and - public positions in the necessary extent for following purposes:
1. rehabilitation of persons affected, missing persons and deceaseds, reparation, after performances the Häflingshilfegesetz, _
2. Protection of the personality right,
3. enlightenment of the fate of missing persons and unsolved deaths,
4. If the Versorgungsruhensgesetz as well as abridgement or deprivation or quiets of performances rest from provision performances after, on which the Versorgungsruhensgesetz is applied corresponding,
5. Enlightenment, acquisition and backup of the capability of the former German democratics republic and the former legal entities with seat in their area as well as the capability, which was associated the range of the commercial coordination,
6. Examination of the following persons according to it for it existing regulations and with their knowledge for the settlement, whether they were active full-time or unofficial for the state security service, as far as the settlement has not can be met with it in § 20 named documents and not deal it with activities for the state security service before completion the 18th year:
a) Members of the federal government or a state government as well as other in a legal office relationship standing persons,
b) Delegated and relatives of communal representation bodies,
c) Members of the adviser after § 39,
d) Persons, who in the public service of the league, the countries including the communities and the community associations, over - or international organizations, in which the Federal Republic of Germany is member, in the church service as well as as staff member of representatives and fractions of the German of Bundestag and the Läderparlamente are busy or weiterverwendet should become,
e) Persons, who become as notary weiterverwendet or as attorney should remain active,
f) Executive committee members, managers, plant managers or leading employees in service a legal Person,durch law, statute or Gesellschafsvertrag for the representation of the person majority summoned persons, managers, plant managers or leading employees in service a person majority, employees it from the special capability Germans Federal Postal service emerged enterprises,
g) Security examinations of persons,
- them in the public interest geheimhaltungsbedürftige facts, objects or knowledge are entrusted, which should receive entrance to it or him/it themselves can procure or
- them at sicherheitsempfindlichen positions of lebens - or verteidigungswichtigen arrangements be busy or should become; the settlement can refer also to the activity for a foreign news service,
7. Examination of the following persons with their consent for the settlement, whether they were active full-time or unofficial for the state security service, as far as the settlement has not can be met with it in § 20 named documents and not deal it with activities for the state security service before completion the 18th year:
a) Directed from political parties to down to the circle level,
b) Persons, who are active as honorary judges,
c) Persons, who are active in a church honorary office,
d) Persons, the function leading in associations on league - or state level perceive; so far it around lawful procedures does not deal, is made only a communication,
e) Factory committees,
f) Persons, who itself
- in the above-mentioned cases or
- in the cases of the number 6 letter a to f
for the office, the function, the permission or the setting apply;
the settlement can refer also to the activity for a foreign news service; if actual reference points exist for the suspicion of an activity for the state security service or a foreign news service, suffices in lieu of the consent the knowledge of the person to be examined.
(2) The special application prohibition after 5 paragraph 1 remains untouched.
(3) The application for them in paragraph 1 No. 6 and 7 named purpose is inadmissible at the end of a time limit of 15 years. The time limit begins at the day the Inkraftretens of this law. At the end of the time limit the fact of an activity for the state security service may harangued the staff member in the right-hand traffic no more and are exploited not to his disadvantage. The exceptions the § 52 paragraph 1 of the league central register law count accordingly. In the connection with the activity of the staff member emerged rights of other persons, legal right sequences of the activity and decisions of courts or administrations, which have indulged in the connection with the activity, remain untouched.
(1) The right to hearing of evidence through parliamentary fact-finding committees according to articles 44 paragraph 1 and 2 of the Constitutional Law extends also to documents of the state security service.
(2) paragraph 1 counts accordingly for parliamentary fact-finding committees of the countries.
(1) documents, as far as they contain personal information about persons affected or thirds, may be used in the necessary extent
1. for the tracing of
a) Criminal offenses in the connection with the regime of the former German democratics republic, particularly criminal offenses in the connection with the activity of the state security service, other security -, criminal prosecution - and penal system authorities as well as the courts,
b) Commit in the cases it §§ 211, 212 or 220a, 239a, 239b, 306 to 308, 310b paragraph 1, § 311 paragraph 1, § 311a paragraph 1, §§ 312, 316c paragraph 1 or 319 of the Criminal code as well as from criminal offenses after
§ 52a paragraph 1 to 3, § 53 paragraph 1 set 1 No. 1, 2, set 2 of the weapon law,
§ 19 paragraph 1 to 3, § 20 paragraph 1 or 2, respectively also together with § 21, or § 22a paragraph 1 to 3 the law over the control of war weapons,
§ 29 paragraph 3 No. 1, 4, § 30 paragraph 1 No. 1, 2 of the narcotic law,
§ 30 paragraph 1 No. 4 of the narcotic law, in so far as the criminal offense have been committed gewerbsmässg or as member of a band,
c) Criminal offenses in the connection with the National Socialist regime,
d) Criminal offenses after § 44 of this law,
2. to the defense of a threatening considerable danger for the public safety, particularly for the prevention of threatening criminal offenses.
§ 5 paragraph 1 is not to be utilized. If the Strafprozessordnun application forbid after it Advanced remain untouched.
(2) Other documents may be used also, as far as this is for the tracing other criminal offense including the legal assistance in criminal cases as well as the defense of a considerable danger for the public safety, particularly for the prevention of criminal offenses, necessary.
(1) For the application it by the league commissioner preserved acts of courts and offices of the District Attorney count in lieu of it §§ 19 to 21, 23, 25 to 30 and 43 the respective legal procedure orders. § 5 paragraph 1 is not to be utilized, as far as it deals with criminal offenses after § 23 paragraph 1 No. 1.
(2) The league commissioner publishes on requirement them in paragraph 1 set 1 named documents at courts, offices of the District Attorney and police, as far as they dealings as auxiliary organs of the office of the District Attorney,. The documents are immediate to give back, as soon as they are required for the intended purpose no more.
(1) documents, as far as they contain personal information about persons affected or thirds, may not be used through or for news services. If documents excepted are, so far them/it/her personal information contain over
1. Staff members of the news services of the league, the countries or the ally and the application for the protection of this staff members or the news services is necessary, or
2. Staff members of other news services and the application for the counterespionage is necessary.
(2) documents, as far as they contain no personal information about persons affected or thirds, may be used through or for news services of the league and the countries in the border of their legal tasks as well as through or for news services of the ally, if they contain information, them
1. the espionage or counterespionage,
2. the range the violent Extremismus or the terrorism
in the sense of the federal constitution protection law affect.
(3) In the cases of the paragraph 1 set 2 remains § 5 paragraph 1 untouched.
(4) In the cases of the paragraph 1 set 2 and the paragraph 2 can order the Federal minister of the internal the ersatzlose release of documents, if the whereabouts of the documents at the league commissioner would prepare the welfare of the league or a country disadvantages. The order needs the consent of the parliamentary Kontrollkommission after the law over the parliamentary control nachrichtendienstlicher activity of the league.
(5) Besides may be used through or for news services in the border of their legal tasks them in § 26 named documents.
Guidelines, regulations, Organisationspläne and position plans of the state security service, as far as they contain no personal information about persons affected or thirds, may be used also for other purposes. That equal counts for plans and directorys of objects and other objects of the state security service, particularly reason tear plans, plans over provision plumbing and voice-grade channels.
(1) Ascertains the league commissioner occasionally the fulfillment of his tasks after § 37 a full-time or unofficial activity for the state security service of
1. persons, who hold an office or a function after § 20 paragraph 1 No. 6 letter a to c or exercise,
2. an official, who can be displaced any time in the temporary retirement, or an employee in corresponding function,
3. an official or employee, who conducts an authority,
4. a choice official or honor official,
5. a judge or district attorney,
6. an attorney or notary,
7. a person, who is busy in the church service,
8. Persons, because of their activity the application of documents after § 20 paragraph 1 No. 4 or § 21 paragraph 1 No. 4 is permissible,
so he/it has to inform this from itself from the responsible position.
(2) Ascertains the league commissioner occasionally the fulfillment of his tasks after § 37, that from the documents reference points emerge for
1. a criminal offense in the connection with the activity of the state security service,
2. one it in § 23 paragraph 1 No. 1 letter b named criminal offenses,
3. a considerable danger for the public safety,
4. the forehand being of capability in the sense the § 20 paragraph 1 No. 5 and § 21 paragraph 1 No. 5,
so he/it has to inform this from itself from the responsible position.
(3) Ascertains the league commissioner occasionally the fulfillment of his tasks after § 37, that in the documents information about espionage be situated, counterespionage, violent Extremismus or terrorism in the sense of the federal constitution protection law, so has to inform he/it this from itself from the Federal minister of the internal as nationals security authority.
(4) communications after the paragraphs 1 to 3 are only permissible, as far as they may result also on requests.
(1) Ascertains the league commissioner occasionally the fulfillment of his outputs after § 37, that
1. executive committees of political parties to down to the circle level,
2. Persons, the function leading in associations on league - or state level perceive,
3. in service a legal person an executive committee member, a manager, a plant manager or a senior executive,
4. in service a person majority one through law, statute or contract for the representation of the person majority summoned person, a manager, a plant manager or a senior executive,
full-time or unofficial for the state security service active has been, so has to inform he/it this from itself from the responsible positions.
(2) communications after paragraph 1 are only permissible, as far as they may result also on requests.
(1) After it §§ 19 to 23 and 25 as well as it §§ 27 and 28 transmitted personal information may be processed and used only for the purposes, for which they have been transmitted. for other purposes they may be processed or used only, as far as the requirements exist it §§ 20 to 23 and 25.
(2) Should be processed or used personal information about persons affected or thirds after paragraph 1 set 2 for an other purpose, is the consent of the league commissioner necessary.
(3) The paragraphs 1 and 2 count accordingly for personal information in the documents, which remain after § 8 paragraph 2 at public positions.
(1) Become by the league commissioner personal information about a person affected after it §§ 21, 27 paragraph 1 and 28 transmits, the kind of the transmitted information and their receiver is to be informed the person affected.
(2) A duty for the notification does not exist, if the person affected on other way has attained knowledge of the transmission or the notification would be possible only with unvertretbarem expense.
(3) A notification remains undone during the period, for which the responsible most upper league - or state authority has ascertained facing the league commissioner, that the Bekanntwerden of the transmission endanger the public safety or would prepare otherwise the welfare of the league or a country disadvantages.
(1) Refuses the league commissioner a request of an authority around communication, inspection or release, decides on the legality of this denial for proposition of the affected authority the Oberverwaltungsgericht after oral negotiation through decision. The decision is incontestable. A Vorverfahren does not occur. Responsible is the Oberverwaltungsgericht, in whose district the league commissioner has his seat.
(2) The chairman can refuse or limit for special reasons the judgment in the acts or in act parts as well as the manufacturing or bestowing of statements and copies. This decision and the decision the Oberverwaltungsgerichts over the obligation to the pattern of deeds after § 99 paragraph 2 of the management court order are not disputable. In the remaining are obligated the partners to the secrecy of facts, which have arrived them through inspection of the records at the knowledge.
Third subsection application of the documents of the state security service for the political and historics reconditioning as well as through press and radio
(1) For the research to the purpose of the political and historic reconditioning of the activity of the state security service as well as for purposes of the political education puts the league commissioner following documents for the disposal:
1. documents, which contain no personal information,
2. Duplicates of documents, in which the personal information have been anonymized,
3. documents with personal information about
Persons of the contemporary history, owners of political functions or office holder in exercise of their office, as far as they are not persons affected or thirds,
Staff members of the state security service, as far as it has not dealt with activities for the state security service before completion the 18th year, or
_ Favored the state security service,
as far as through the application no übewiegenden are hurt worthy of protection interests of the named persons,
4. If the written consents of the concerned persons unterlagen with other personal information, if, in whom the project and the accomplishing persons are marked, are presented.
(2) documents, which be situated after § 37 paragraph 1 No. 3 letter b to d in special custody, may be used only with consent of the Federal minister of the internal.
(3) personals information may be published only, if
1. the persons, about who personal information should be published, have consented, or
2. it itself around information about
Persons of the contemporary history, owners of political functions or office holder in exercise of their office, as far as they are not persons affected or thirds,
Staff members of the state security service, as far as it has not dealt with activities for the state security service before completion the 18th year, or
Favored the state security service
if no predominant worthy of protection interests of the named persons deals and are hurt through the publication.
(4) The paragraphs 1 to 3 count analogously also for purposes of the political and historic reconditioning of the National Socialist past.
(1)Für purposes of the research and the political education can be taken in the central position or in one of the branches of the league commissioner judgment in documents.
(2) The inspection can be limited because of the meaning or the conservation condition of the documents to the inspection in duplicates.
(3) So far the inspection in documents is allowed, can be published on demand duplicates of the documents.
(4) duplicates, which have been published after paragraph 3, may be transmitted from the receiver neither for other purposes Uses nor at other positions.
(5) The inspection in not yet opened documents is not permissible.
(1) For the application of documents through press, radio, film, their auxiliary enterprises and them for them/it/her journalistically - editorially active persons count them §§ 32 and 33 accordingly.
(2) Leads the publication of personal information through broadcasting corporations of the federal law to replies of persons, who are called in the publication, so are to be enclosed these replies the personal information and to preserve with them. The information may be published only along with the replies again.
Fourth section of league commissioners for the documents of the state security service
(1) The league commissioner for the documents of the state security service of the former German democratics republic is a Bundesoberbehörde in the company division of the Federal minister of the internal. He/it has a central position in Berlin and branches in the countries Berlin, Brandenburg, Mecklenburg-Vorpommern, Saxony, Saxony - support and Thuringia.
(2) The manager of the authority is chosen on suggestion of the federal government by the German Bundestag with more than the half of the legal number of his members. He/it must at his choice that 35. Year have completed. The chosen leads as office designation the designation of his authority. He/it is to be appointed by the President.
(3)Der league commissioners provides before the Federal minister of the internal following oath:
- " I swear, that I mean power the welfare of the German people dedicate, his using increase, damage of him/it turn, the Constitutional Law and the laws of the league preserve and defend, my duties conscientiously fulfill and will exercise justice against everybody. So true me God help. " -
The oath can be provided also without religious assertion.
(4) The term of office of the league commissioner totals five years. Single reelection is permissible. (5) The league commissioner sees according to this law to the league in a legal office relationship. He/it is subjected in exercise of his office independent and only the law. He/it is subordniate to the right care of the federal government. The supervision leads the Federal minister of the internal.
(1) The office relationship of the league commissioner begins with the delivery the Errennungsurkunde. It ends
1. with operation of the term of office,
2. with the discharge.
The President dismisses the league commissioner, if it demands or on suggestion of the federal government, if reasons exist this, which justify at a judge for life the discharge from the service. In the trap of the ending of the office relationship the league commissioner receives a deed executed by the President. A discharge becomes with the delivery of the deed effective. On requests of the Federal minister of the internal the league commissioner is obligated, to continue the businesses to for the nomination of his successor.
(2) The league commissioner may exercise beside his office no other salaried office, no trade and no profession and belong to neither the direction or the supervisory board or board of directors of an enterprise directed on gain nor a government or a legislative body of the league or a country. He/it may not submit against compensation out of court expert opinions.
(3) The league commissioner has to make the Federal minister of the internal communications over presents, which he/it receives in bezug on his office. The Federal minister of the internal decides on the application of the presents.
(4) The league commissioner is, also after ending of his office relationship, obligates, over which him/it to protect officially bekanntgewordenen affairs discretion. This does not count for communications in the official traffic or over facts, which are flagrant or need their meaning after no secrecy. The league commissioner may, even if he/it is no more in the office, over such affairs without authorization of the Federal minister of the internal neither before court nor out of court state or submit explanations. Untouched remains the legally found duty, to indicate criminal offenses and to enter at threat of the liberal democratic constitution for their conservation.
(5) The authorization, to state as witness, should be refused only, if the statement prepare the welfare of the league or a German country disadvantages or the fulfillment of public tasks seriously endanger or would complicate considerably. The authorization, to return an expert opinion, can be refused, if the reimbursement would prepare the official interests disadvantages. § 28 of the law over the Federal Constitutional Court in the poise of the notice from 12th December 1985 (BGBI. 1 S. 2229) remains untouched.
(6) The league commissioner receives from the beginning the calendar Monthly at, in which the office relationship begins, until to the conclusion the calendar Monthly, in which the office relationship ends, in which fold of the paragraph 1 set 6 to to the end the Monthly, in which the management ends, office covers in amount it a federal employee of the salary bracket B 9 belonging to salary. The league journey cost law and the league relocation cost law are to be utilized accordingly. In the remaining are them §§ 13 to 20 the Federal minister law in the poise of the notice of that 27. July 1971 (BGBI. 1 S. 1166), finally changed through articles 4 of the law from 18th December 1989 (BGBI. 1 S. 2210), to utilize with the proviso, that at the position of the two-year term of office in § 15 paragraph 1 of the Federal minister law steps a term of office of five years. If the Federal minister law deviating from set 3 together with it §§ 15 to 17 calculates itself the pension of the league commissioner under Hinzurechnung of the term of office as ruhegehaltfähige tour of duty in corresponding application of the official provision law, if this is more favorable and the league commissioner has been found directly before his choice to the league commissioner as officials or judges at least in the last usually before reaching of the salary bracket B 9 to running through office.
(1) The league commissioner has according to this law following tasks and authorities:
1. acquisition of the documents of the state security service,
2. after archivischen principles appraisal, order, opening, custody and management of the documents,
3. management of the documents in the central record of the central position and in the regional records of the branches; separately are to be preserved
a) them the state security service left acts of courts and offices of the District Attorney,
b) Duplicates after § 11 paragraph 2 set 2,
c) unterlagen over staff members of news services of the league, the countries and the ally,
d) unterlagen
_ over staff members of other news services,
_ with technical or other specialized instructions or descriptions over usage possibilities of means and methods in the areas of the espionage, counterespionage or the terrorism, if the Federal minister of the internal explains in the individual case, that the Bekanntwerden of the documents endanger the public safety or would prepare otherwise the welfare of the league or a country disadvantages;
for the separate custody after letter b to d count the instructions over the relation with classified information of the secrecy degrees VS_Vertraulich and more more highly,
4. Bestowing of information, communications from documents, grant of judgment in documents, release of documents,
5. Reconditioning of the activity of the state security service through instruction of the public over structure, methods and operation of the state security service; for the publication of personal information counts § 32 paragraph 3,
6. Support of the research and the political education at the historic and political reconditioning of the activity of the state security service through grant of judgment in documents and release of duplicates of documents,
7. Information and advice of natural persons, others not - public positions and public positions; the information and advice can result also in the branches,
8. Arrangement and conversation of documentation and display centers.
(2) The league commissioner assures the observance of uniform principles at the fulfillment of his tasks.
(3) The league commissioner returns the German Bundestag on its request, in which remaining at least every two years, for the first time to the 1. July 1993, a progress report. From his second regular progress report he/it has to inform, in soft extent and in which period documents for the fulfillment of his tasks probably no more are required. On requirement of the German of Bundestag or the federal government the league commissioner has to prepare expert opinions and to return reports. The league commissioner can turn any time to the German Bundestag. In affairs of a legislative body he/it of this body reports directly.
(1) For the support of the work of the league commissioner at the perception of his tasks after § 37 can be determined in the countries Berlin, Brandenburg, Mecklenburg-Vorpommern, Saxony, Saxony - support and Thuringia a position as country commissioners for the documents of the state security service of the former German democratics republic. The nearer details conform according to state law.
(2) The league commissioner gives the country commissioner chance, to take to country-by-country particularities with the application of the documents after the third section of this law position.
(3) state law can determine, that the country commissioners consult the partners at the perception of their rights after it §§ 13 to 17. This activity can extend also to the psychosoziale advice after conclusion of the procedures after § 12.
(1) At the league commissioner is formed an adviser. The adviser is composed of
1. nine members, which are named by the countries Berlin, Brandenburg, Mecklenburg-Vorpommern, Saxony, Saxony - support and Thuringia, and
2. seven members, which are chosen by the German Bundestag.
The members of the adviser are ordered through the Federal minister the lnnern for the duration by five years.
(2) The league commissioner instructs the adviser about fundamental or other important affairs and debates them/it/her with him/it. The adviser consults the league commissioner particularly in following affairs:
1. complete acquisition of the documents of the state security service and interpretation of the documents after § 10,
2. Establishment the archivischen principles at the appraisal, order, opening, custody and management of the documents,
3. establishment of uniform principles for the judgment grant and release,
4. Establishment of Bewerlungskriterien in the cases the § 20 paragraph 1 No. 6 and 7 and the § 21 paragraph 1 No. 6 and 7,
5. Establishment of priorities at propositions of individual and requests of public and not - public positions,
6. Establishment of the tasks of the branches at their Beratungstätigkeit,
7. Arbeitsprogramme for the reconditioning of the activity of the state security service and the instruction of the public and
8. Support of the research and the political education.
Furthermore the adviser the progress reports after § consults 37 paragraph 3 set 1 before.
(3) The league commissioner conducts the sessions of the adviser.
(4) The adviser gives itself an agenda, which needs the consent of the federal government.
(5) members of the adviser are at their order to the discretion over them them at their activity bekanntgewordenen facts, as far as they are not flagrant, to obligate. The Verschwiegenheitspflicht persists also after ending of their membership in the adviser.
(1) The league commissioner meets for his authority the organizational and technical measures, which are necessary, to secure the documents against unauthorized reference.
(2) It is to be ensured particularly, that
1. the staff members of the league commissioner on documents and data processing systems exclusively in the border of their tasking can access and is recorded each access to documents under specification of the occasion,
2. the unauthorized establishing of archivischen Findmitteln and the unauthorized input of information as well as the unauthorized perusal, change or deletion of stored information is prevented,
3. is documented, soft documents or information from documents to which time at whom have been published or transmitted,
4. subsequently ascertains and is überprüfbar, soft information to which time in data processing systems have been entered,
5. Buildings, in which the documents of the state security service are housed, against unauthorized intrusion are protected,
6. Unauthorized no entrance to the records and to data processing systems, with them information from the documents are processed, receive,
7. Did not unterlagen unauthorized read, copies, changes, destroys or can be removed,
8. If data carriers unterlagen and not read at the transport unauthorized, copies, changes, can be deleted or destroyed,
9. the innerbehördliche organization altogether is so modelled, that she/it meets the special requirements of the protection of data privacy.
(1) personals lnformationen from documents of the state security service may store the league commissioner in automated files only as resources for the fulfillment of his tasks, change and use. The files contain only the information, which are necessary for the discovering of documents and the to it necessary ldentifizierung of persons. On these files § 20 of the league data protection act is to be utilized.
(2) The arrangement automated Abrufverfahen to the purpose of the transmission is inadmissible.
(3) The processing of information from the documents in the order is only through public positions and only then permissible, if the processing is not is at the league commissioner with own means or been selected only with disproportionate expense possible and the contractor under special consideration of the fitness just for the relation with these information. The contractor may process the information exclusively according to the directions of the league commissioner.
Fifth section conclusion instructions
(1) For official acts after it §§ 13 and 15 to 17 as well as opposite not - after public positions it §§ 20, 21, 32 and 34 are to be raised costs (fees and expenses). In the cases the Widerufs or the withdrawal of an official act, the denial or withdrawal of a proposition for Undertook an official act as well as the repulsion or withdrawal of a contradiction are to be raised likewise costs. For information at persons affected, thirds and near relatives of missing persons or deceaseds as well as for the judgment granted them in the documents costs are not raised.
(2) The Federal minister the lnnern is authorized, to determine through regulation the chargeable evidence and the rates.
The regulations of this law go ahead instructions over the admissibility of the transmission of personal information in other laws. The league data protection act finds with the exception of the instructions over the protection of data privacy control no application, as far as is not in § 6 paragraph 9 and § 41 paragraph 1 set 3 of this law something other certain.
Who by this law protected original documents or duplicates of original documents informs with personal information about persons affected or thirds completely or in essential parts in the wording publicly, is punished with prison term up to three years or with fine. This does not count, if the person affected or third has consented.
(1) Illegally deals, who intentionally or carelessly
1. against § 7 paragraph 3 an indication not or in time does not return,
2. against § 9 paragraph 1 set 1 and paragraph 2 documents or copies and other duplicates of documents not or in time on demand the league commissioner does not publish or
3. against § 9 paragraph 3 documents the league commissioner does not transmit.
(2) The irregularity can be punished with a fine up to fünfhunderttausend Deutsche Marks.
Who documents of the state security service has attained through criminal decay, is not punished, if he/it of the obligation to notify the authorities after § follows 7 paragraph 3 within a time limit of three months after lnkrafttreten of this law.
The regulations in equipment 1 chapter II subject B section 11 No. 2 letter b of the agreement contract of that 31. August 1990 (BGBI. 11 S. 885, 912) are picked up.
(2) The legal relationship the because of it in paragraph 1 named regulations summoned and at taking effect of this law of available incumbent conforms according to this law. The besoldungs - and versorgungsrechtlichen indulged because of the agreement contract passage instructions count analogously.
(1) This law steps at the day after the announcement in power.
(2) § 35 paragraph 2 set 1 is to be utilized for the first time at the Neuberufung of the manager the Bundesoberbehörde at the end of the term of office of the current incumbent.