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.
§23
Ordering measures
(1)
Strategic surveillance measures under § 19(1) shall require an order by the President
of the Federal Intelligence Service or his or her designated representative.
(2)
The order under paragraph (1) shall be issued in writing. The order shall state:
1.
the purpose for which intelligence is being gathered;
2.
the topic of the surveillance within the meaning of § 19(3) or (4);
3.
the geographical focus;
4.
the duration;
5.
a justification.
(3)
In connection with strategic surveillance measures under § 19(1), subparagraph 2, the
nature of the threat under § 19(4) which is the subject of the surveillance shall be specified in
the presentation of the topic of surveillance.
(4)
The Independent Oversight Council shall examine the legality of orders authorising
strategic intelligence measures before they are implemented. If the Independent Oversight
Council does not confirm the legality of an order, it shall cease to apply. Where there is an
imminent threat, a provisional lawfulness assessment shall be carried out by a member of the
Independent Oversight Council, if the intelligence purpose of the strategic intelligence
measure would otherwise be thwarted or made substantially more difficult. If the provisional
assessment establishes that the order is lawful, the latter may be put into effect. In that event,
full assessment by the Independent Oversight Council shall be then performed without undue
delay. If the Independent Oversight Council repeals the decision under the third sentence, the
order shall cease to apply and data already collected shall be erased without undue delay.
(5)
1.
Targeted data collection under:
§ 20(1), insofar as this relates to European Union bodies or to public agencies of its
Member States;
2.
§ 20(2); and
3.
§ 21(2)
shall require an order by the President of the Federal Intelligence Service or his or her
designated representative. If a restriction order under §§ 3, 5 or 8 of the Article 10 Act for the
purposes stated in subparagraphs 1 to 3 has already been issued, no order under the first
sentence shall be required. The Independent Oversight Council shall be briefed about
corresponding restriction orders.