3. Until new provisions are enacted, but no later than 31 December 2014,
the provisions held to be incompatible with the Basic Law shall remain
in force, subject to the following conditions: Except in an emergency
as defined in § 5 section 2 of the Counter-Terrorism Database Act, the
use of the counter-terrorism database shall only be permissible if
there can be no access to the data of contact persons (§ 2 sentence 1
number 3 of the Counter-Terrorism Database Act) and to data deriving
from interferences with the secrecy of telecommunications and the
fundamental right to inviolability of the home, and if it is guaranteed
that for searches relating to extended basic data, only information as
provided in § 3 section 1 number 3 of the Counter-Terrorism Database
Act can be accessed; as soon as the access to the data of contact persons, and to data that derive from interferences with the secrecy of
telecommunications and the fundamental right to the inviolability of
the home is blocked, these data may no longer be used, not even in an
emergency under § 5 section 2 of the Counter-Terrorism Database Act.
4. The remainder of the constitutional complaint is rejected as unfounded.
5. […]
Reasons:
A.
The constitutional complaint concerns the constitutionality of the Counter-Terrorism
Database Act.
1
I.
The complainant challenges the Act on Setting up a Standardised Central CounterTerrorism Database of Police Authorities and Intelligence Services of the Federal
Government and the Laender (Counter-Terrorism Database Act – ATDG) enacted as
Art. 1 of the Act on Setting up Joint Databases of Police Authorities and Intelligence
Services of the Federal Government and the Laender (Gesetz zur Errichtung gemeinsamer Dateien von Polizeibehörden und Nachrichtendiensten des Bundes und der
Länder, Joint Databases Act) of 22 December 2006 (BGBl I p. 3409). […]
2
1. The Counter-Terrorism Database Act laid down the legal basis for the counterterrorism database, a joint database of the police and intelligence services of the Federal Government and the federal states, or Laender, serving to combat international
terrorism. This database facilitates and accelerates the transfer of information between the participating police and intelligence services by allowing certain information
related to the fight against international terrorism, which is held by the individual
agencies, to be found more quickly and accessed more easily by all participating
agencies.
3
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