tioned requirements regarding qualified protection of legal interests and the existence
of thresholds.
c) Yet even if provisions on data sharing do exist, data sharing with other bodies
must generally be ruled out if data stems from surveillance measures which were not,
from the outset justified by the aim of early detection of dangers and were carried out
merely to provide political intelligence to the Federal Government irrespective of any
surveillance interest relating to dangers (see paras. 177 and 226 above). In such cases, intelligence must not be shared with other bodies, including by means of a regular
change in purpose. The legislator may only provide for an exemption insofar as the
data indicates, in and of itself, an immediate danger to life, limb or liberty of the person, vital interests of the public or the existence or security of the Federation or a
Land (see para. 174 above).
228
6. Given that the sharing of data with other bodies amounts to a separate interference with fundamental rights, it requires a formal decision by the Federal Intelligence
Service – just as other agencies must make a formal decision when they share personal data with the Federal Intelligence Service – as part of which it must be ensured
that the respective statutory requirements for data sharing are satisfied. Given its
broad powers, the Federal Intelligence Service has a special responsibility in this respect. On the one hand, its powers are especially broad, allowing for the interception
of personal data that is not based on specific grounds for the early detection of dangers; on the other hand, it must thoroughly screen the intelligence obtained before
sharing it and must limit it to what is necessary in accordance with the respective
provisions on data sharing. Insofar as it is not reports made only to the Federal Chancellery or individual Federal Ministers and the use of these reports by the Federal
Government that are concerned, data sharing must be documented so as to ensure
independent oversight of adherence to the requirements for data sharing (cf. BVerfGE 141, 220 <340 and 341 para. 322>; see also para. 291 below). Such documentation must also specify the statutory provision on which data sharing is based.
229
This does not affect the possibility of combining information held by different bodies
and of facilitating the sharing of such information through joint databases, such as
the one provided for by the Counter-Terrorism Database Act (regarding the constitutional requirements arising from this BVerfGE 133, 277 <320 et seq. para. 105 et
seq.>).
230
7. There are special requirements for the sharing of data with foreign bodies. First
of all, this concerns intelligence sharing in the individual case – irrespective of
whether this occurs within the context of cooperation (regarding automated data
sharing in the context of cooperation see paras. 254 et seq. and 262 et seq. below).
231
a) The requirements set out above regarding the protection of legal interests and
thresholds for sharing data with domestic bodies apply to the sharing of data with foreign bodies, too (see paras. 216 et seq. and 220 et seq. above). While these requirements do not prevent the legislator from accommodating the autonomy of foreign le-
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