3.
(c)
continued existence or security of institutions of the European Union, the
European Free Trade Association or the North Atlantic Treaty Organisation or
continued existence or security of a Member State of the European Union, the
European Free Trade Association or the North Atlantic Treaty Organisation; or
(d)
ability of the Federal Republic of Germany to take foreign-policy action;
relating to the protection of essential public goods fundamental to human existence.
(5)
The Federal Intelligence Service may collect personal data in the course of strategic
foreign communications surveillance only through the use of search terms. These must be
intended, suitable and necessary for the strategic surveillance measures under paragraph (1)
and their use must be consistent with the foreign and security policy interests of the Federal
Republic of Germany.
(6)
Provided that it is necessary to carry out the strategic surveillance measures under
paragraph (1), the Federal Intelligence Service may obtain access by technical means to
information technology systems of a foreign telecommunications or telemedia service
provider abroad, even without the latter’s knowledge, and collect from the ongoing
communications personal data which the latter processes in the course of providing its
service. In so doing, the Federal Intelligence Service may also collect personal data which the
foreign telecommunications or telemedia provider stores during its processing of ongoing
communications in its information technology systems, provided that these are collected
within the period covered by the order authorising the strategic surveillance measure under
paragraph (1) and are not more than 48 hours old before they are collected by the Federal
Intelligence Service. If the Federal Intelligence Service obtains access under the first sentence
to an information technology system of a foreign telecommunication or telemedia provider
abroad, it may also process inventory data of the foreign telecommunication or telemedia
service provider which the latter processes in the course of providing its service, insofar as
these are collected using search terms or relate to the counterpart of the recording made using
the search term.
(7)
Collection of the personal data of the following persons from telecommunications
traffic shall not be permissible:
1.
German nationals;
2.
domestic legal entities; and
3.
persons resident on federal territory.
Insofar as technically possible, automated filters shall be used to ensure that such data are
filtered out. The data filtered out shall be erased automatically without undue delay. The
filtering methods shall undergo continuous further development and kept consistent with the
state of the art. If, despite this filtering, data are collected contrary to the first sentence, these
data shall be erased without undue delay. This shall not apply if there is actual evidence that a
significant threat to the life, limb or freedom of a person, the security of the Federal
Government or a Land or the security of other Member States of the European Union, the
European Free Trade Association or the North Atlantic Treaty Organisation can be averted
through further processing of the data. If the data are not erased without undue delay, the G10
Commission shall be briefed at its next meeting.