The Federal Intelligence Service may also transfer the personal data referred to in the first
sentence provided that these were collected on the basis of search terms which are allocated
to strategic surveillance measures under § 19(4), subparagraph 1(a) or subparagraph 2(a).
(6)
The Federal Intelligence Service may transfer data collected for the purpose of early
threat detection to other domestic entities if there is evidence that the transfer is necessary:
1.
to protect the free, democratic order of society;
2.
for the continued existence or security of the Federal Government or a Land; or
3.
to guarantee the security of essential public goods, in particular for the protection of
critical infrastructure.
Transfers under the first sentence shall require the prior consent of the Federal Chancellery.
The Federal Intelligence Service may also transfer personal data to other domestic entities
without the conditions set out in the first and second sentences being met if they are
transferred solely to make an enquiry to another agency specifically and the data are already
known to the latter.
(7)
The Federal Intelligence Service may also transfer personal data identified for the
purpose of political briefing of the Federal Government to domestic public agencies in
circumstances not covered by paragraphs (1) and (2) if there is actual evidence that transfer is
necessary to avert an imminent threat to:
1.
the life, limb or freedom of a person;
2.
essential public goods; or
3.
the existence or security of the Federal Government or a Land or to the security of a
Member State of the European Union, the European Free Trade Association or the
North Atlantic Treaty Organisation.
In cases covered by the first sentence, subparagraph 1, transfer to other domestic entities shall
also be permissible in circumstances not covered by paragraph (6).
(8)
Transfer of personal data from the relationship of confidentiality (§ 21(1), second
sentence) shall be permissible. Notwithstanding the first sentence, transfer shall be
permissible if there is actual evidence to justify suspicion that
1.
the person referred to in § 21(1), second sentence is a perpetrator of or participant in the
criminal offences referred to in paragraph (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)
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.