The processing of personal data for security and national defence purposes on
state level is issued by the State Offices for the Protection of the Constitution within
their respective laws.
2.5.2 Particular Rules
Scope, Purposes Covered and Activities Permitted
The Art. 10 Act covers measures for the purpose of defence against imminent threat
to the free democratic basic order or the existence or the security of the Federation. It
furthermore covers measures for purposes within the tasks of the Federal Intelligence
Service, e.g. the gathering of relevant information about other countries of importance to the foreign or security policy of the Federal Republic of Germany. The Art.
10 Act permits the interception and recording of communications for these purposes,
sec. 1 para. 1 Art. 10 Act. Measures infringing the inviolable core area of the private
conduct of life are inadmissible, shall not be used and shall be deleted without delay,
sec. 3a Art. 10 Act.
The Federal and State Offices for the Protection of the Constitution shall gather
and analyze information concerning aspiration against the free democratic basic
order or the existence or the security of the Federation or the States, sec.
3 BVerfSchG. For these purposes, sec. 8 para. 2 BVerfSchG allows the usage of
methods, items and instruments in order to gather information secretly like undercover investigation, observation, video recording and camouflage papers or signs.
Sec. 4 para. 1 MADG and sec. 5 BNDG refer to these provisions concerning the
purposes covered and the activities permitted.
Particular Requirements
The Art. 10 Act requires factual indications for the suspicion of a enumerated crime,
e.g. betrayal peace, sedition, endangering the democratic rule of law, treason or
endangering external security, sec. 3 para. 1 BVerfSchG. Furthermore, other measures may have no prospect of success, sec. 3 para. 2 BVerfSchG. The interception
of international telecommunications is subject to stricter requirements: threat of e.g.
an armed aggression or a terrorist attack and approval of the measure by the
competent federal ministry and the parliamentary control committee, sec.
5 BVerfSchG.
Measures according to sec. 8 para. 2 may be taken when there are justified
indications that knowledge might be gained about activities that fall within the
scope of the tasks of the Offices for the Protection of the Constitution, sec.
9 BVerfSchG.
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state level is issued by the State Offices for the Protection of the Constitution within
their respective laws.
2.5.2 Particular Rules
Scope, Purposes Covered and Activities Permitted
The Art. 10 Act covers measures for the purpose of defence against imminent threat
to the free democratic basic order or the existence or the security of the Federation. It
furthermore covers measures for purposes within the tasks of the Federal Intelligence
Service, e.g. the gathering of relevant information about other countries of importance to the foreign or security policy of the Federal Republic of Germany. The Art.
10 Act permits the interception and recording of communications for these purposes,
sec. 1 para. 1 Art. 10 Act. Measures infringing the inviolable core area of the private
conduct of life are inadmissible, shall not be used and shall be deleted without delay,
sec. 3a Art. 10 Act.
The Federal and State Offices for the Protection of the Constitution shall gather
and analyze information concerning aspiration against the free democratic basic
order or the existence or the security of the Federation or the States, sec.
3 BVerfSchG. For these purposes, sec. 8 para. 2 BVerfSchG allows the usage of
methods, items and instruments in order to gather information secretly like undercover investigation, observation, video recording and camouflage papers or signs.
Sec. 4 para. 1 MADG and sec. 5 BNDG refer to these provisions concerning the
purposes covered and the activities permitted.
Particular Requirements
The Art. 10 Act requires factual indications for the suspicion of a enumerated crime,
e.g. betrayal peace, sedition, endangering the democratic rule of law, treason or
endangering external security, sec. 3 para. 1 BVerfSchG. Furthermore, other measures may have no prospect of success, sec. 3 para. 2 BVerfSchG. The interception
of international telecommunications is subject to stricter requirements: threat of e.g.
an armed aggression or a terrorist attack and approval of the measure by the
competent federal ministry and the parliamentary control committee, sec.
5 BVerfSchG.
Measures according to sec. 8 para. 2 may be taken when there are justified
indications that knowledge might be gained about activities that fall within the
scope of the tasks of the Offices for the Protection of the Constitution, sec.
9 BVerfSchG.
Data Protection in the Internet: National Report Germany
203