(5)
The Federal Intelligence Service shall agree compensation with the enterprises which
have an obligation under paragraph 1 for the services referred to there, the level of which
shall reflect the verified actual costs.
§ 26
Processing of personal traffic data
(1)
The Federal Intelligence Service may also process traffic data in the context of
strategic surveillance measures under § 19(1). § 19(6), first and second sentences, shall apply
mutatis mutandis.
(2)
Notwithstanding § 19(10), identification shall not take place until further processing
of the data in the course of manual evaluation.
(3)
Processing of personal traffic data of the following persons shall not be permissible:
1.
German nationals;
2.
domestic legal entities; and
3.
persons resident on federal territory.
The first sentence shall not apply if:
1.
only data which come to light in the course of automated information exchange
between information technology systems without direct reference to a specific human
communications process are processed; or
2.
those traffic data which make it possible to identify the persons referred to in the first
sentence are automatically masked without undue delay after they have been collected.
The automated masking under the second sentence of subparagraph 2 shall be performed in
such a way that the clarity of the data is maintained and retroactive identification of the
persons referred to in the first sentence is impossible or is only possible at unjustifiably high
cost. The Federal Intelligence Service may further process traffic data which was masked
under the second sentence of subparagraph 2 to fulfil its tasks, in order to:
1.
identify persons outside the circle of persons referred to in the first sentence who have a
connection to Germany and about whom information can be requested which is
relevant to fulfilment of the task of the Federal Intelligence Service; and
2.
determine suitable transmission routes within the meaning of § 10(4), second sentence,
of the Article 10 Act.
(4)
If only evaluation reveals that data contrary to paragraph (3), second sentence,
subparagraph 2 were not masked, these data shall be masked without undue delay in
accordance with paragraph (3), third sentence. If the data are not masked without undue
delay, they shall be erased without undue delay. This shall not apply if there is actual
evidence that a significant threat to the life, limb or freedom of a person, the security of the
Federal Government or a Land or the security of other Member States of the European Union,
the European Free Trade Association or the North Atlantic Treaty Organisation can be