(8)
Unrestricted strategic foreign telecommunications surveillance shall not be
permissible. The volume of strategic foreign telecommunications surveillance shall be limited
to not more than 30% of existing telecommunication networks.
(9)
Strategic foreign telecommunications surveillance for the purpose of gaining
competitive advantages (commercial espionage) shall not be permissible.
(10)
Personal data shall be identified immediately after data collection as follows:
1.
statement of the purpose of the data collection under paragraph (1); and
2.
statement of the means used to collect the data.
Identification shall not be required in connection with transfers.
§ 20
Particular forms of strategic foreign telecommunications surveillance
(1)
The targeted collection of personal data under §19(5) of institutions of the European
Union, of public agencies of the Member States of the European Union or of Union citizens
may take place only if it is necessary:
1.
for early recognition of threats within the meaning of §19(4); or
2.
for the gathering and evaluation of information within the meaning of §19(3), provided
that only data on processes in third countries are to be obtained which are of particular
foreign and security policy significance to the Federal Republic of Germany.
If it is subsequently recognised that such targeted data collection from institutions of the
European Union, from public agencies of the Member States of the European Union or from
Union citizens has taken place, further processing of the personal data may be carried out
only if the conditions set out in the first sentence are met. They shall otherwise be erased
without undue delay.
(2)
The targeted collection of personal data of persons in respect of whom:
1.
there is actual evidence that they are the source of threats within the meaning of
§ 19(4); and
2.
transfer of the collected personal data is intended for the purposes of further processing
for subsequent measures with direct external effect for the person concerned under
subparagraph 1 in the area of threat aversion or criminal prosecution,
may be ordered only for early detection of threats (§ 19(1), subparagraph 2) under § 23(5),
subparagraph 2, if special consideration was given in assessing proportionality to the
increased probability of adverse consequences for these persons.
(3)
Individualised monitoring of the entire telecommunications traffic of a person shall
not be permissible.