which is in the public interest and if the requested data cannot be transferred in due
time (emergency). The head of the authority or an official of the higher service specially designated by him/her shall decide whether the case is an emergency. The decision and the reasons for it shall be documented. The access shall be documented with reference to the decision pursuant to the third sentence. The authority which
entered the data shall be immediately asked for subsequent authorization. If subsequent authorization is refused, it is no longer permissible to use these data. The
requesting authority shall immediately delete these data or block them pursuant to
Section 11(3). If these data were submitted to a third party, the third party shall be
immediately informed that it is no longer permissible to use the data.
(3) Within the participating authorities only authorized persons may access the
counter-terrorism database.
(4) Each time the database is accessed, the purpose and urgency of the request
shall be indicated, documented and recognizable.
Section 6
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Further use of the data
(1) The requesting authority may use the accessed data solely for the purpose of
checking whether the hit matches the person or information sought pursuant to Section 2(1) no. 4 and to request intelligence in order to discharge its duties in relation to
investigating or combating international terrorism. Data may be used for purposes
other than investigating or combating international terrorism only if
1. this is necessary to prosecute a serious crime or to prevent a threat to the life,
limb, health or freedom of a person, and
2. the authority which entered the data authorizes such use.
(2) In case of an emergency, the requesting authority may use the data it has accessed only if this is vital to prevent a current threat pursuant to Section 5(2)(1) in
connection with combating international terrorism.
(3) If data are used pursuant to paragraph 1(2) or paragraph 2, they shall be labelled
accordingly. After transferring the data the recipient shall maintain the labelling. The
same shall apply to labelling pursuant to Section 3(2).
(4) If the Federal Criminal Police Office and the Land Criminal Police Offices use the
counter-terrorism database at the request or on behalf of the Federal Public Prosecutor, they shall transfer the data to which they have been given access to the Federal
Public Prosecutor. The Federal Public Prosecutor may use the data upon request
pursuant to paragraph 1(1). Section 487(3) shall apply mutatis mutandis.
Section 7
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Transfer of intelligence
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