(9)
Transfer of personal data of minors below the age of 14 years may take place only if
there is actual evidence that the minor is planning, is committing or has committed one of the
crimes mentioned in § 3(1) of the Article 10 Act, or if, in the circumstances of the individual
case, it cannot be ruled out that the minor poses a threat to the life or limb of German
nationals abroad or to German institutions abroad. Transfer of personal data of minors aged
14 or over may take place only if it is necessary to avert a substantial threat or to prosecute a
criminal offence of substantial significance.
(10)
Transfer shall not take place if
1.
it is apparent to the Federal Intelligence Service that, taking into account the nature of
the information and its collection, the legitimate interests of the person concerned
outweigh the public interest in transfer;
2.
there are overwhelming opposing security interests; or
3.
there are opposing statutory rules on further processing; the obligation to preserve
confidentiality or professional and official secrets, which are not based upon statutory
provisions, shall remain unchanged.
(11) The Federal Intelligence Service shall be responsible for the legality of transfer. If the
transfer takes place at the request of a domestic public entity, the latter shall be responsible.
In cases covered by the second sentence, the Federal Intelligence Service shall examine only
whether the request for transfer falls within the tasks of the recipient, unless there is a
particular reason for the legality of transfer to be examined.
(12) The Federal Intelligence Service shall refer the recipient to the purposes for which the
data may be processed. The recipient may process the personal data solely for the purposes
for which they have been transferred to it. The recipient shall be obliged to provide
information to the Federal Intelligence Service on request. The attention of the recipient shall
be drawn thereto on transfer. Further processing for other purposes shall not be permitted
unless the conditions set out in paragraph (7) are met and the Federal Intelligence Service
consents to the change of purpose. The Federal Intelligence Service may consent to a change
of purpose, outwith the fifth sentence, of the data identified for the purpose of early
identification of a threat at the request of the recipient if there is actual evidence that this
change of purpose is necessary for the protection of comparably significant legal interests.
(13) The recipient shall examine whether the personal data transferred are necessary for
fulfilment of its tasks. If the result of the examination is that they are not necessary, the
recipient shall erase the data. Erasure may be omitted if it is not possible to separate other
information necessary for fulfilment of the tasks or if it is only possible to do at excessive
cost. In such a case, the processing of the data shall be restricted.
(14) If further personal data of the person concerned or of a third party are associated with
personal data in documents in such a way that separation is not possible or is possible only at
excessive cost, the transfer of these data shall also be permissible provided that legitimate
interests of the person concerned or of a third party in confidentiality do not manifestly
prevail. Further processing of these data shall not be permissible.