2. § 19(1), § 24(1) first sentence, § 24(2) first sentence, § 24(3) of the Federal Intelligence Service Act are incompatible with Article 10(1) and Article 5(1) second sentence of the Basic Law insofar as they authorise
the processing of personal data collected in the context of strategic
telecommunications surveillance pursuant to §§ 6, 7, 13 to 15 of the
Federal Intelligence Service Act.
3. The provisions that have been declared incompatible with the Basic
Law continue to apply until new provisions have been enacted, at the
latest until 31 December 2021.
4. The Federal Republic of Germany must reimburse the complainants’
necessary expenses incurred in the constitutional complaint proceedings.
Table of contents
para.
A. Facts of the case
1
I. Relevant facts and law
2
1. Challenged provisions
2
2. Context of the powers for the strategic surveillance of foreign
telecommunications
4
3. Specific rules on data collection and processing pursuant to §§ 6 et
seq. of the Federal Intelligence Service Act
8
4. Cooperation with foreign intelligence services pursuant to §§ 13 et
seq. of the Federal Intelligence Service Act
12
5. General rules on data processing, deletion and sharing (§§ 19, 20,
24 of the Federal Intelligence Service Act)
13
6. Intelligence service manual
14
7. Strategic surveillance of foreign telecommunications in practice
15
a) Interception of data
16
b) Removal of communications relating to Germans and persons with- 19
in Germany
c) Traffic data analysis
21
d) Analysis of content data based on search terms
22
e) Manual analysis of content data
25
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