III. Standards for data sharing
211
1. Interference with fundamental rights
212
2. Requirement of clear and specific statutory basis
213
3. Substantive requirements for data sharing equivalent to requirements 216
applicable to the re-collection of data
4. Requirements regarding protection of legal interests and thresholds
for data sharing
220
5. Data sharing with the Federal Government
223
a) No thresholds for reports to the Federal Government
224
b) Data sharing with other bodies must observe rules for sharing
227
c) No data sharing where surveillance measures unrelated to dangers 228
are concerned
6. Obligation to assess and document requirements for data sharing
229
7. Requirements regarding data sharing with other states
231
a) General requirements regarding protection of legal interests and
thresholds for data sharing
232
b) Ascertainment that data will be handled in accordance with the rule
of law
233
aa) Adherence to data protection guarantees
235
bb) Upholding fundamental principles of the rule of law in respect of
data use
237
cc) Documented ascertainment
238
(1) General ascertainment and ascertainment in the individual case 239
(2) Reality-based and documented decision
dd) Assurances of adherence to limits on sharing
IV. Standards for cooperation
241
242
243
1. The Basic Law’s openness to international cooperation
245
a) The Basic Law’s openness to the cooperation between intelligence
services
246
b) No sharing of intelligence on persons in Germany by foreign intelligence services
248
c) Requirement of a separate statutory basis
250
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