encroachments lack the effects of restraint and control which are entailed by observation by third parties. In addition, a legal review by the Federal Network Agency, which
transmits the data, is only made if there is a particular occasion for this (see § 112.4
sentence 2 TKG). Since the retrieving authority does not have to give reasons for its
request, however, such an occasion will scarcely ever arise.
Weight also attaches to the fact that the legislature has drafted the purposes of the
data very broadly. The data may generally be transmitted to the authorities named in
§ 112.2 TKG for the performance of their statutory duties. This is restricted only for
the law enforcement authorities under § 112.2 no. 2 TKG and under § 112.2 nos. 3
and 7 TKG for the customs authorities named there. But it is important in this connection that data may be issued to the former, under § 112 TKG, only for purposes of
warding off danger, which excludes mere risk precaution. In connection with the respective duties of the authorities entitled to retrieve, the information duties of the Federal Network Agency are also not very restricted. In particular, there are no strict encroachment thresholds in the statute; instead, the duty of information is opened in full
to the respective competence of the authorities. However, the fact that information
may only be given insofar as it is necessary for the performance of the duty does create an objectively limiting factor. This ensures that retrievals are not casually permitted for mere guidance in advance but only when information actually needed for the
performance of duties cannot be obtained more easily but equally effectively in another way.
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b) Despite the fact that the weight of the encroachment is considerable, the provision is proportionate. The authorities entitled to retrieve are at least limited in number.
The purposes for which they are given information under § 112.2 TKG are central duties relating to the guarantee of security. In view of the increasing importance of electronic means of communication and the concomitant changes of human communication behaviour in all areas of life, the authorities here depend to a great extent on a
possibility which is as uncomplicated as possible of being able to attribute telecommunications numbers individually. In this respect, it is a decision of the legislature
which is constitutionally unobjectionable if it permits the transmission of these data in
order to investigate criminal offences and dangers, to observe developments which
endanger the constitution in order for the government and the public to be informed or
to give assistance in emergencies. Because such investigations must often be carried
out rapidly and without the knowledge of those affected, an automated information
procedure is of particular importance for them. Increasing the effectiveness of the
work of the courts is also a concern whose weight is supported by such a provision.
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The limited probative value of the data is of central importance for the weighing of interests (see above C. II. 2. d) bb): They provide information solely on the attribution of
individual telecommunications numbers to their subscriber. Even if, in specific collection contexts, sensitive information may result from them, the information content of
this information as such remains limited and in addition depends on further investigations whose lawfulness is to be evaluated under different provisions.
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