since it relates only to identification data. The search is unsuited to electronic profile
searching. In police law, informational encroachments may not be directed only
against persons endangering public security or order and in criminal procedure too
it is not unusual for outsiders. The criterion of necessity takes account of proportionality. In permitting a linguistic procedure, the amended law pursues the objective of
implementing searches with the help of a similarity function in an effective manner.
This is not a qualitatively novel instrument of investigation.
g) § 113 TKG also remains within the scope of the legislature’s assessment that the
security authorities should be supplied with telecommunications customer data for
their purposes; this assessment is not disproportionate. It is unobjectionable that the
group of agencies entitled to receive information in § 113.1 TKG is larger than that in
§ 112.2 TKG. The warding off of danger by the regulatory authorities and the prosecution of regulatory offences may also justify the encroachment. It is also unproblematic that under the manual information procedure enterprises which provide nonpublic services are among the agencies with a duty of information. Nor does the
possibility of access to PINs and PUKs under § 113.1 sentence 2 TKG result in a particularly significant encroachment.
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The possibility of access to other customer data stored under § 95 TKG for business
purposes is also unobjectionable. Some of the identification information stored is not
worthy of a higher degree of protection than the customer data to be stored under
§ 111 TKG; in the case of other contract data, the criterion of necessity may be applied more strictly. The weight of the encroachment is reduced by the fact that the only data which can be retrieved are those which a service provider has stored for its
own purposes.
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2. In its opinion, the Sixth Appeal Panel (Revisionssenat) of the Federal Administrative Court refers to its judgment of 22 October 2003 (BVerwGE 119, 123).
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3. The Federal Commissioner for Data Protection and Freedom of Information regards the challenged provisions as an unconstitutional violation of the right to informational self-determination and submits as follows. The provision of § 111 TKG contains a disproportionate comprehensive duty of storage and violates the prohibition of
a collection of data for retention for purposes that are indefinite or cannot yet be determined. Measured against the intended purpose of the information, the powers to
supply information under § 112.2 TKG, are too comprehensive and indefinite. § 113
TKG is also disproportionate. The indefinite wording of the provision and the broad
authority to encroach which it contains do not do justice to the high degree of protection required by the data affected. It is not comprehensible that the authority to access
the access data of § 113.1 sentence 2 TKG is made available subject to such lenient
conditions despite the fact that access to the content data behind them is subject to
stricter conditions.
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4. The Commissioner for Data Protection and the Right to Inspection of Files for the
Land Brandenburg, who also expressed an opinion on behalf of twelve other Land
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