2.
there is no actual evidence that
(a)
findings from the core area of private life are obtained by using the search terms;
or
(b)
search terms of a person particularly needy of protection under § 21(1), second
sentence are used.
(4)
The data collected using the search terms under paragraph (3) may be transferred in
an automated manner to the partner in cooperation in the course of the cooperation if the
following data found in the course of automated examination were erased:
1.
data under § 19(7) first sentence, transfer of which would be contrary to the national
interests of the Federal Republic of Germany;
2.
data belonging to the core area of private life; and
3.
data which can be attributed to a person particularly needy of protection under § 21(1).
(5)
The Federal Intelligence Service shall, using the results and experience from its work,
collect any references to persons particularly needy of protection under § 21(1) and shall
combine search terms to be allocated to these persons in order to be able to take account of
the particular need to protect these persons. The databases and filtering methods in this regard
shall be continuously updated and further developed.
(6)
The transfer of the data shall be logged. The log data may be used solely to perform
oversight of data processing, including data protection oversight, as well as to request erasure
by the partner in cooperation under paragraph (7), third sentence. The log data shall be
retained until the end of the second calendar year following logging and shall then be erased
without undue delay.
(7)
Proper functioning of the automated examination under paragraphs (3) and (4) shall
be reviewed on a random sample basis by the Federal Intelligence Service. The examination
shall take place under the supervision of an official of the Federal Intelligence Service who is
qualified for judicial office. If it is subsequently found that data were collected and
transferred to the partner in cooperation contrary to these rulings, the partner shall be
requested to erase the data. The Federal Intelligence Service shall inform the Federal
Chancellery of performance of the examination under the first sentence at intervals of not
more than six months.
(8)
The data collected in the course of the cooperation on the basis of search terms
nominated by the partner in cooperation shall be stored by the Federal Intelligence Service
for the purpose of taking random samples under paragraph (7), first sentence and to
determine new search terms under § 24(1)(2) for a period of two weeks.
§ 33
Processing of unselected traffic data under cooperation
(1)
Automated transfer of unselected personal traffic data under a cooperation by the
Federal Intelligence Service shall be permitted only if, in addition to the conditions under
§ 31 being met, there is a qualified need for surveillance.