The transfer of intelligence upon a request pursuant to Section 6(1)(1) between participating authorities shall be governed by the applicable rules on data transfer.
Section 8
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Responsibility for data protection
(1) The authority which entered the data shall be responsible for protecting the data
stored in the counter-terrorism database, namely for seeing that data are collected
and entered lawfully, and that the data entered are correct and up to date. The authority which entered the data must be recognizable. The requesting authority shall
be responsible for the permissibility of the request.
(2) Only the authority which entered the data may change, correct, block or delete
them.
(3) If an authority has reason to believe that data entered by another authority are
not correct, it shall immediately inform the authority which entered the data. The latter
shall immediately examine this information and correct the data, if necessary.
Section 9
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Log data, technical and organizational measures
(1) For the purpose of monitoring data protection, the Federal Criminal Police Office
shall log the time, the information identifying the requested records, the authority
which accessed the database and the purpose of this access pursuant to Section
5(4). The log data may be used only if knowledge thereof is necessary to monitor data
protection, to back up data, to ensure proper operation of the data processing system, and to confirm that confidential documents were read. Log data stored solely for
the purposes mentioned in the first sentence shall be deleted after 18 months.
(2) The Federal Criminal Police Office shall take the technical and organizational
measures required under Section 9 of the Federal Data Protection Act.
Section 10
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Data protection monitoring, provision of information to the data subject
(1) Pursuant to Section 24(1) of the Federal Data Protection Act, the Federal Commissioner for Data Protection and Freedom of Information shall be responsible for
monitoring data protection. The protection of data entered and requested by a Land
authority shall be governed by the data protection act of the respective Land.
(2) Pursuant to Section 19 of the Federal Data Protection Act, the Federal Criminal
Police Office, in consultation with the authority responsible for data protection pursuant to Section 8(1)(1) and which examines whether disclosing such information is
in line with its legal provisions, shall provide information about data not in covert storage. Disclosure of information on data in covert storage depends on the legal provisions applying to the authority which entered the data.
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