(6)
1.
The order under paragraph 5(1) shall be issued in writing. The order shall specify:
the strategic surveillance measure in the context of which the targeted data collection
takes place;
2.
the objective of the targeted data collection;
3.
the duration of the targeted data collection;
4.
a justification.
Specification of individual search terms to be used for targeted data collection shall not be
necessary.
(7)
The Independent Oversight Council shall assess the legality of orders authorising
targeted data collection 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 legality assessment shall be carried out by a member of the Independent
Oversight Council, if the surveillance purpose of the targeted data collection would otherwise
be thwarted or made substantially more difficult. Full assessment by the Independent
Oversight Council shall then be performed without undue delay. 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 then be 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.
(8)
The Federal Intelligence Service shall inform the Federal Chancellery at regular
intervals about orders issued under paragraphs (1) and (5).
§24
Suitability testing
(1)
The Federal Intelligence Service may collect and evaluate personal data from
telecommunications networks, provided that this is necessary to determine:
1.
2.
the suitability of telecommunication networks; or
the suitability of search terms in the context of strategic surveillance measures under
§ 19(1) (suitability testing).
(2)
Suitability testing under paragraph 1, subparagraph 1, may be performed only if there
is actual evidence that suitable data for strategic surveillance measures are transferred in the
telecommunications network to be examined. A time limit of six months shall be set for the
suitability testing under paragraph 1(1). Repeated six-month extensions shall be permitted.
(3)
Suitability testing under paragraph 2, subparagraph 1, shall be ordered in writing by
the President of the Federal Intelligence Service or his or her designated representative.
(4)
If, for the performance of suitability testing, the involvement of an enterprise which
provides commercial telecommunications services or is involved in the provision of such