(2) Since § 112.4 TKG in this way relates to the exchange of data between authorities, it is unobjectionable in the law on competence that it itself directly governs the
duty of transmission of the data stored under § 111 TKG with regard to the Federal
Network Agency. It corresponds to this that a mere authorisation of simple collection
of data is sufficient as a legal basis for the retrieval of data by the authority requesting
information; such an authorisation is contained, for example, in § 26 of the RhinelandPalatinate Police and Regulatory Authorities Act (Polizei- und Ordnungsbehördengesetz Rheinland-Pfalz – PolG RP), Article 31 of the Bavarian Police Duties Act (Gesetz
über die Aufgaben und Befugnisse der Bayerischen Staatlichen Polizei – PAG),
§ 13.1 of the Hesse Act on Public Security and Order (Hessisches Gesetz über die öffentliche Sicherheit und Ordnung – HSOG), or for the area of the protection of the
constitution in Article 5 of the Bavarian Act on the Protection of the Constitution (Bayerisches Verfassungsschutzgesetz – BayVSG) and § 4.1 of the Saxony Act on the
Protection of the Constitution (Sächsisches Verfassungsschutzgesetz – SächsVSG).
No more extensive enabling legislation is therefore needed to create specific information duties.
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(3) Ultimately, therefore, § 112 TKG is similar to full legislation on such information,
inter alia with regard to authorities whose activities are to be defined by Land legislation. For if even simple provisions on data collection are sufficient as a legal basis for
the information requests under § 112 TKG – these are available to virtually all authorities which process personal data – this means that the legislation on information also
takes effect in matters which are governed by Land law, without a separate decision
of the Land legislature relating to telecommunications law. However, this is unobjectionable in the law on competence. For the right of the Länder to make the final decision on whether and how data are to be retrieved is unaffected in these cases. Since
the requests for information have to have a legal basis which is separate from § 112
TKG and which may be Land law, the Länder are free themselves to draft and to flesh
out these requests in the areas of legislation reserved to the Länder – in particular, for
example, in police law – for the retrieval of the data under § 112 TKG.
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2. § 112 TKG satisfies the requirements of the principle of proportionality. The provision serves to increase the effectiveness of the performance of their duties by the authorities named in § 112.2 TKG and it is suitable and necessary for this. It is also proportionate in the narrow sense.
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a) However, the provision acquires a considerable weight of encroachment from the
fact that § 112 TKG very much simplifies the data retrievals. The procedure, which is
centrally organised and automated, permits an access which largely removes practical difficulties of data collection and makes the data of the persons affected available
without delay or attrition in the form of requirements of review. In addition, the information is given without telecommunications enterprises or other third parties becoming aware of this. Admittedly, the fact that the issuing of information is not noticed by
the telecommunications enterprise ensures discretion for the persons whose data are
involved (see BVerfGE 118, 168 <199>); but at the same time, this means that the
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