Transfers under the second sentence shall require the prior consent of the Federal
Chancellery. The Federal Intelligence Service may also transfer personal data to other foreign
entities without the conditions set out in the second and third sentences being met if they are
transferred solely in order to specify a request to another foreign entity and the data are
already known to that other foreign entity.
(5)
The Federal Intelligence Service may also transfer the personal data identified for the
purpose of political notification of the Federal Government to the entities referred to in
paragraph (1) outwith the first sentence of paragraph (1) if there is actual evidence that
transfer is necessary to prevent an imminent threat to:
1.
the life, limb or freedom of a person;
2.
essential public goods; or
3.
the 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.
In cases of the first sentence, subparagraph 1, transfer to other foreign entities shall also be
permitted outwith paragraph (4).
(6)
Transfer shall not take place if it is apparent to the Federal Intelligence Service that,
taking into account the nature of the personal data and its collection, the legitimate interests
of the person concerned prevail over the public interest in transfer. Legitimate interests of the
person concerned shall prevail, in particular, if there is actual evidence that there is a danger
that through the use of the transferred data substantial infringements of human rights or
infringement of fundamental principles of the rule of law will occur, as in the case of use of
the data for political persecution or for inhumane or demeaning punishment. In the event of
doubt, the Federal Intelligence Service shall essentially take into account whether the
recipient is given a binding assurance of appropriate protection of the transferred data and
whether there is evidence that the assurance is not respected. The obligation to preserve
confidentiality or professional and official secrets, which are not based upon statutory
provisions, shall remain unchanged. Furthermore, transfer shall not take place if material
security interests of the Federal Government or the Länder or material foreign policy interests
of the Federal Republic of Germany would be adversely affected. In examining whether
transfer shall not take place, the Federal Intelligence Service shall take account, in particular,
of the nature of the information and its collection and the way in which the recipient has
previously handled transferred data. The provisions of the Act on International Mutual
Assistance in Criminal Matters shall remain unchanged.
(7)
Personal data of minors below the age of 16 may not be transferred either to foreign to
supranational and intergovernmental entities. Notwithstanding the first sentence, personal
data on the behaviour of minors aged 14 or over may be transferred if, according to the
circumstances in the individual case, it cannot be ruled out that the transfer is necessary to
avert a substantial threat to life or limb of a person or there is actual evidence that the transfer
is necessary for prosecution of one of the criminal offences referred to in § 3(1) of the
Article 10 Act. Communication of personal data of minors aged 16 or over may take place
only if it is necessary to avert a substantial threat or to prosecute a criminal offence of
substantial significance.