E.
I.
The partial unconstitutionality of the challenged provisions does not result in their
being declared void, but only in a finding that they are incompatible with the Basic
Law.
229
Until a new provision is enacted, but no later than 31 December 2014, the provisions
may continue to be applied, subject to the following stipulations: Except in an emergency under § 5 sec. 2 ATDG, the use of the counter-terrorism database is permissible only if access to the data of contact persons under § 2 sentence 1 no. 3 ATDG
and to data resulting from interferences with the secrecy of telecommunications and
the fundamental right to inviolability of the home is excluded, and if it is ensured that
for searches of the extended basic data, a match only results in access to information
under § 3 sec. 1 no. 3 ATDG, but not information under § 3 sec. 1 no. 1a ATDG. As
soon as access to data of contact persons and data that derive from interferences
with the secrecy of telecommunications and the fundamental right to inviolability of
the home cannot be granted any more, these data also may no longer be used in
emergencies under § 5 sec. 2 ATDG.
230
[…]
231-232
II.
The decision under C. is unanimous; otherwise there were partial dissents. […]
Kirchhof
Gaier
Eichberger
Schluckebier
Masing
Paulus
Baer
Britz
44/45
233