(BGBl I p. 3409), as amended by Article 5 of the Act of 26 February 2008 (BGBl I
p. 215) which are relevant for this case read as follows:
[The Federal Ministry of the Interior provides a translation of the Counter-Terrorism
Database Act in its version of 22 December 2006 at the following web address:
http://www.bmi.bund.de/SharedDocs/Gesetzestexte/DE/Antiterrordateigesetz_en.pdf?__blob=publicationFile (last accessed 30 April 2015); the relevant provisions are reproduced with kind permission. § 1 sec. 1 has been amended by Article 5
of the Act of 26 February 2008; the amended passage (in bold type) has been retranslated by the Federal Constitutional Court.]
Section 1 [The translation of the Counter-Terrorism Database Act provided by the
Federal Ministry of the Interior uses “Section” for “§”,“paragraph” for “section”, “subpara.” for “letter” and “data protection” for “data privacy”.]
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Counter-terrorism database
(1) To discharge their legal duties of investigating and fighting international terrorism
affecting the Federal Republic of Germany, the participating authorities, i.e. the Federal Criminal Police Office (BKA), the federal police authority designated in the
regulation enacted pursuant to Section 58(1) of the Federal Police Act, the Land
Criminal Police Offices (LKA), the Federal and Land Offices for the Protection of the
Constitution, the Military Counter-Intelligence Service (MAD), the Federal Intelligence
Service (BND) and the Customs Criminological Office (ZKA), shall run a joint standardized central counter-terrorism database (counter-terrorism database).
(2) Other police authorities, in consultation with the Federal Ministry of the Interior,
shall be entitled to participate in the counter-terrorism database if
1. they are assigned tasks of fighting international terrorism affecting the Federal
Republic of Germany not only in individual cases,
2. they need access to the counter-terrorism database to discharge their duties pursuant to no. 1, and if this is appropriate with regard to the protected interests of the
persons concerned and the security interests of the participating authorities.
Section 2
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Contents of the counter-terrorism database and storage obligation
If data pursuant to Section 3(1) have already been collected, the participating authorities are obliged to store these data in the counter-terrorism database if the authorities have information from the police or intelligence services (intelligence) which
clearly indicates that the data refer to
1. persons who participate in or support
a) a terrorist organization pursuant to Section 129(a) of the German Criminal Code
acting at an international level, or a terrorist organization pursuant to Section 129(a)
in conjunction with Section 129(b)(1)(1) of the German Criminal Code acting in the
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