same time satisfy the requirements of European Union law, further questions relating
to the law of the European Union are not relevant for the decision on the constitutional
complaint.
III.
§ 112 TKG is also constitutionally unobjectionable.
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§ 112 TKG governs the use of the data stored under § 111 TKG in the form of an automated information procedure in which the Federal Network Agency is to transmit
the data on request to particular authorities named in § 112.2 TKG. The provision is
the legal basis only for the duty to make the data available as customer databases,
for access to and transmission of these data, but not also for the retrieval in the form
of a request from the authorities entitled to receive information. But in this connection
– in conformity with current practice – it may be understood to the effect that the general entitlement to collect data of the authorities entitled to receive information may be
sufficient for a request under § 112.4 TKG. Neither the system of competencies of the
Basic Law nor the principle of proportionality prevents this.
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1. § 112 TKG does not violate the system of competencies of the Basic Law. The
federal legislature was entitled to legislate for the automated information procedure,
including the definitive order of a duty of the Federal Network Agency to transmit data, on the basis of its competence for telecommunications law under Article 73.1 no. 7
GG.
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a) However, in this connection too the federal legislature may only rely on a legislative competence by virtue of a factual connection. Accordingly, the federal legislature
is restricted to legislating for data protection provisions which can sensibly only be
legislated on only in connection with the provisions for the creation of a telecommunications infrastructure and for informational self-determination (see BVerfGE 125, 260
<314>). These include, in addition to provisions to protect the data, conversely also
provisions which define the limits of this protection and lay down the conditions under
which and the purposes for which data are made available for the performance of
government duties.
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Article 73.1 no. 7 of the Basic Law thus does not authorise the federal legislature to
legislate in full on data exchange between authorities, but it does permit it to pass provisions which, giving release from the requirements which serve to protect the data,
at the same time conversely lay down the possible purposes of a use of data for the
performance of government duties. The federal legislature can therefore determine
the requirements subject to which an authority may transmit data (data transmission
authorisation). But with regard to the transmission of data between authorities, which
is a form of mutual administrative assistance, this includes the decision, which is final
and determinative both for the authority subject to a duty and also indirectly for the
persons whose data are affected, for what purposes and in what cases the data must
be transmitted on request (data transmission duty). In the area of telecommunications
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