§ 21
Protection of relationships of confidentiality
(1)
The targeted collection of personal data under § 19(5) for the purpose of obtaining
data covered by a relationship of confidentiality shall not be permissible. Relationships of
confidentiality within the meaning of the first sentence shall be those of clergy, defence
counsels, lawyers and journalists who would enjoy protection under § 53(1), first sentence,
subparagraphs 1, 2, 3 and 5, and second sentence of the Code of Criminal Procedure.
(2)
Notwithstanding paragraph (1), transfer shall be permissible if there is actual evidence
to justify suspicion that
1.
the person referred to in paragraph (1) is a perpetrator of or participant in the criminal
offences referred to in § 29(3); or
2.
this is necessary to avert a threat to:
(a)
the life, limb or freedom of a person;
(b)
essential public goods; or
(c)
the continued existence or security of the Federal Government or a Land or the
security of a Member State of the European Union, the European Free Trade
Association or the North Atlantic Treaty Organisation.
(3)
If it is evident after further processing of the personal data that they are worthy of
protection under paragraph (1), the data may be used only if the conditions set out in
paragraph (2) are met. The data shall otherwise be erased without undue delay. The erasure
shall be logged. Log data be used solely to perform oversight of data processing, including
data protection control. Log data shall be retained until the end of the second calendar year
following logging and shall then be erased without undue delay.
§ 22
Core area protection
(1)
Data collection for the purpose of obtaining information concerning the core area of
private life shall not be permissible.
(2)
If only further processing of the collected personal data reveals that these data fall
within the core area of private life, they shall be erased without undue delay. The erasure
shall be logged. Log data may be used only to perform data protection oversight. Log data
shall be retained until the end of the second calendar year following logging and shall then be
erased without undue delay.
(3)
If, in the course of further processing under paragraph 2, doubts arise and if the data
are not to be erased without undue delay, the data may not undergo further processing
without prior assessment by the Independent Oversight Council. If the Independent Oversight
Council establishes that the data may not undergo further processing, the data shall be erased
without undue delay. The erasure shall be logged. Log data may be used only to perform data