each case, the regulatory authority shall, for every retrieval, log the time, the data
used in carrying out the retrieval, the data retrieved, a data item which unmistakably
identifies the person retrieving and the requesting agency, its file reference and a
data item which unmistakably identifies the person requesting. It is impermissible to
use the log data for other purposes. The log data shall be deleted after one year.
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§ 113 TKG
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(1) A person who commercially provides telecommunications services or is involved
in this shall in the individual case supply to the competent agencies on their demand
information on the data collected under §§ 95 and 111 insofar as this is necessary
to prosecute criminal offences or regulatory offences, to ward off dangers to public
security or order or to perform the statutory duties of the federal and Land authorities for the protection of the Constitution, the Federal Intelligence Service or the Military Counterintelligence Service. The person subject to a duty under sentence 1
shall, on the basis of a request for information under § 161.1 sentence 1, § 163.1 of
the Code of Criminal Procedure (Strafprozessordnung – StPO), the data collection
provisions of the federal or Land police statutes to ward off dangers to public security or order, § 8.1 of the Federal Act on the Protection of the Constitution (Bundesverfassungsschutzgesetz), the corresponding provisions of the Land statutes for
the protection of the constitution, § 2.1 of the Federal Intelligence Service Act (Bundesnachrichtendienstgesetz) or § 4.1 of the Act on the Military Counterintelligence
Service (Gesetz über den militärischen Abschirmdienst – MADG) supply information
on data by means of which the access to end user devices or to storage devices
used in these or in the network is protected, in particular PINs or PUKs; these data
may not be transmitted to other public or non-public agencies. Access to data which
are subject to the secrecy of telecommunications is permissible only subject to the
requirements of the relevant statutory provisions. The person subject to a duty must
preserve secrecy towards its customers and towards third parties with regard to the
supply of information.
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§ 95 TKG
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(1) The service provider may collect and use subscriber data insofar as this is necessary to achieve the purpose set out in § 3 no. 3. In connection with a contractual
relationship with another service provider, the service provider may collect and use
subscriber data of its subscribers and of the subscribers of the other service
provider insofar as this is necessary to perform the contract between the service
providers. The customer data shall be transmitted to third parties, unless this Part or
another statute permits it, only with the subscriber’s consent.
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