not at issue here, are set out in the Article 10 Act (Gesetz zur Beschränkung des
Brief-, Post- und Fernmeldegeheimnisses, G 10-Gesetz) of 26 June 2001 (BGBl I p.
1254, 2298), last amended by Article 12 of the Act of 17 August 2017 (BGBl I p. 3202)
and are designed differently. Other authorities, in particular the Federal Office for the
Protection of the Constitution (Bundesamt für Verfassungsschutz) – Germany’s domestic intelligence service –, do not have such powers.
3. The challenged provisions set out specific rules for collecting data from within
Germany and processing it (§ 6 BNDG), and for further processing data collected
from abroad (§ 7(1) BNDG). […]
[…]
8
9
They provide a basis for collecting any information and data from those networks
that are determined by the Federal Chancellery (Bundeskanzleramt) in a warrant
(‘bulk interception warrant’ – Netzanordnung, cf. § 6(1) second sentence, § 9(1), (3)
and (4) BNDG). […]
[…]
10
11
4. §§ 13 to 15 BNDG set out rules for the cooperation between the Federal Intelligence Service and foreign intelligence services, including the automated sharing of
data with foreign public entities. […]
12
5. Besides these special rules for collecting, processing, storing, deleting and sharing data obtained through the surveillance of foreign telecommunications, the general
provisions of the Federal Intelligence Service Act on using, processing, storing, rectifying, deleting and sharing personal data held by the Federal Intelligence Service apply (§§ 19, 20 and 24 BNDG); these provisions were not modified by the amendment
of 23 December 2016. According to these general provisions, the Federal Intelligence
Service may store, alter and use personal data obtained through the surveillance of
foreign telecommunications insofar as this is necessary for performing its tasks (§
19(1) BNDG). It must rectify and delete data that is incorrect or no longer necessary
for the performance of its tasks; in this respect, inspection periods of up to ten years
are permissible (§ 20(1) BNDG, § 12 of the Federal Protection of the Constitution Act,
Bundesverfassungsschutzgesetz – BVerfSchG). § 24 BNDG and the provisions of
the Federal Protection of the Constitution Act referred to therein authorise the Federal Intelligence Service to share, in the individual case, the information obtained by it,
especially personal data, with domestic and foreign bodies specified in the provisions.
13
6. Further details regarding data collection and processing, regarding monitoring responsibilities within the Federal Intelligence Service and regarding data sharing in the
context of cooperation must be set out in intelligence service manuals that require
the approval of the Federal Chancellery (§ 6(7), § 15(3) fifth sentence BNDG). Beyond these legal requirements, the technical and practical details of the entire
process of data collection and analysis, cooperation and data sharing are set out in
14
17/87