services and has a registered office in Germany, or which provides or is involved in the
provision of such services in Germany, is required, § 25 shall apply mutatis mutandis.
(5)
The data collected in the course of a suitability test may be used only for the purpose
of the suitability test itself. § 5(7) second to eighth sentences, of the Federal Office for
Information Security Act shall apply mutatis mutandis. The Federal Intelligence Service may
store the collected personal data, provided that this is necessary in order to carry out the
suitability test. The evaluation shall be carried out without undue delay after collection.
(6)
Personal data for the suitability test under paragraph (1), subparagraph 2, shall be
erased no later than two weeks, and personal data for the suitability test under paragraph 1,
subparagraph 1, no later than four weeks, after they have been collected. The first sentence
shall not apply to personal data if their content at the time of collection can no longer be
made readable for technical reasons and is needed for research purposes. Data of this kind
collected in the course of the suitability test shall also be erased no later than after 10 years.
The erasure shall be logged. Log data may be used only to perform oversight of data
processing, including 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.
(7)
1.
2.
Notwithstanding paragraph (5), first sentence, it shall be permissible to
perform further processing of the personal data collected in the course of a suitability
test if there is actual evidence that there is a significant threat to
(a)
the life, limb or freedom of a person;
(b)
the security of the Federal Government or a Land or the security of institutions of
the European Union, the European Free Trade Association or the North Atlantic
Treaty Organisation or of the Member States of the European Union, the
European Free Trade Association or the North Atlantic Treaty Organisation;
transfer of personal data collected in the course of a suitability test to the Bundeswehr,
if there is actual evidence that this is necessary:
(a)
for the protection of the life, limb or freedom of a person;
(b)
for the protection of the functional capability of the Bundeswehr for national or
alliance defence;
(c)
for the protection of the functional capability of the Bundeswehr in foreign
missions; or
(d)
for the protection of the functional capability of the armed forces of the Member
States of the European Union, the North Atlantic Treaty Organisation or the
European Free Trade Association.
Transfer may also take place automatically in cases covered by the first sentence,
subparagraph 2. The identification of data under § 19(10) shall not take place until further
processing of the data is carried out under the first sentence.