yet known to that agency. In the event of a match, access is then granted to the entire
set of simple basic data stored for these persons. For this, § 5 sec. 1 sentence 1 ATDG does not establish qualified thresholds for interference. It is sufficient if a search
is necessary in order to perform the relevant tasks for investigating or combating international terrorism. […]
Consequently the participating agencies have extensive room for searches in the
basic data. But this does not mean that these authorisations are unlimited. One limit,
in particular, consists in that § 5 ATDG permits only individual searches, but not
screening, collective searches, or a generalised investigation of connections between
persons by linking data fields. The provision therefore requires a specific cause for investigation. Moreover, every request is subject to the requirement of necessity, which
must be duly examined in each case. Furthermore, the provision in its present form
does not authorise either automatic image recognition or the use of “find-like” functions or searches with incomplete data (known as “wildcards”).
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bb) Despite the remaining breadth of search possibilities, caused in particular by the
absence of limiting thresholds for interference, the provision is compatible with the
principle of proportionality. The defining factor for this are the rules governing use.
Under § 6 sec. 1 sentence 1 ATDG, the transferred data may be used only to identify
persons relevant to an investigation, and to prepare individual transfer requests to the
authority holding the relevant information. The authorities are not permitted to derive
any further information guiding investigations or actions from these data. They may
only obtain that information in a further step as provided by the laws governing their
agencies. […] With reference to the simple basic data under § 3 sec. 1a ATDG, such
a transfer, limited to phases in advance of investigations, is unobjectionable from the
viewpoint of proportionality, considering the great importance of protection against
terrorism. To that extent, § 5 sec. 1 sentences 1 and 2, § 6 sec. 1 sentence 1 ATDG
are constitutional.
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b) The searches permitted under § 5 sec. 1 sentence 1 and 3 ATDG of extended 196-197
basic data under § 3 sec. 1 no. 1b ATDG are also compatible with the prohibition of
disproportionate measures, provided that those searches are carried out with reference to particular names. § 5 sec. 1 sentence 1 ATDG permits requests with regard
to all data included in the counter-terrorism database, and therefore also searches of
extended basic data. If a search for a personal name results in a match in the extended basic data, however, under § 5 sec. 1 sentence 3 ATDG the agency does not receive access to the extended basic data themselves, but only a match message,
combined with the information about which agency maintains corresponding information including the file number. Access to the extended basic data themselves is only
granted by individual request subject to the laws governing the particular agency, by
way of a release on the part of the authority maintaining the information (§ 5 sec. 1
sentence 3 and 4 ATDG). […]
c) However, the authorisation of criteria-based searches of the extended basic data
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