(8)
The Federal Intelligence Service shall be responsible for the legality of transfer. The
recipient may process the transferred data solely for the purpose for which they have been
transferred to it. Reference shall be made to the restriction of further processing and to the
fact that the Federal Intelligence Service reserves the right to request information on the
further processing of the data. Corresponding rights to information shall be agreed with the
recipient. The latter must also give a binding assurance that any request from the Federal
Intelligence Service for erasure will be acted upon. Transfer shall not take place if there is
actual evidence that such an assurance is not respected by the recipient.
(9)
§ 29(8) and (13) to (16) shall apply mutatis mutandis.
Subsection 3
Cooperation in the course of strategic foreign telecommunications surveillance.
§ 31
Cooperation with foreign public entities
(1)
If, in the course of strategic foreign telecommunications surveillance, the Federal
Intelligence Service cooperates with foreign public entities which fulfil intelligence service
tasks, personal data under §§ 32 and 33 may also be processed. Extension of the cooperation
to data of the following persons shall not be permissible:
1.
German nationals;
2.
domestic legal entities and third persons resident on federal territory. § 19(7), first to
fourth sentences shall be applicable.
(2)
Strategic foreign telecommunications surveillance on the territory of the Federal
Republic of Germany may take place in the course of such cooperation solely through the
Federal Intelligence Service.
(3)
Cooperation with the foreign public entities referred to in the first sentence of
paragraph (1) shall be permissible for the early detection of substantial threats to the internal
or external security of the Federal Republic of Germany, defence or common welfare, and in
order to counter these dangers;
1.
to preserve the foreign and security policy capability of the Federal Republic of
Germany; or
2.
to ensure that the Federal Intelligence Service can fulfil its role which, without such
cooperation, is substantially more difficult or is impossible.
(4)
Details of the operation shall be set out in writing before it begins in a declaration of
intent between the Federal Intelligence Service and the foreign public entity. The declaration
of intent shall record in particular:
1.
the purpose of the cooperation;
2.
the duration of the cooperation;
3.
a binding assurance by the foreign public entity that: