(2)
A qualified need for surveillance shall exist if the transfer of traffic data is necessary
due to particular events, in order to counter specific threats or to ensure the capability of the
Federal Republic of Germany or the partner in cooperation to act. These conditions shall be
met, in particular, if there is actual evidence of:
1.
the preparation of an armed attack on the Federal Republic of Germany or on Member
States of the European Union, the European Free Trade Association or the North
Atlantic Treaty Organisation or on the partner in cooperation;
2.
the preparation of acts of terror;
3.
movements of weapons of war on a particular route or with a particular objective;
4.
international criminal, terrorist or state-sponsored attacks by means of malware on the
confidentiality, integrity or availability of IT systems;
5.
surveillance of the working methods of other intelligence services with the aim of
detecting state-controlled disinformation campaigns targeted at destabilisation with
direct reference to the Federal Republic of Germany or with the aim of preparing or
carrying out state-sponsored terrorist activities; or
6.
preparations for an attack on such public legal interests whereby a threat affects the
security or continued existence of the Federal Government or of a Land or the basis of
existence of people.
The qualified need for surveillance shall be set out in writing and allocated to a strategic
surveillance measure under § 19(1). The Independent Oversight Council shall examine the
legality of the establishment of the qualified need for surveillance of the cooperation before
data transfer is executed. If the Independent Oversight Council does not confirm that the
establishment is lawful, the data transfer shall not take place.
(3)
Cooperation under § 31 that covers the processing of unselected traffic data under
paragraph (1) shall require approval by the President of the Federal Intelligence Service or a
representative designated by the President of the Federal Intelligence Service.
Subsection 4
Particular forms of technical surveillance.
§ 34
Intervention in information technology systems of foreign nationals abroad
(1)
The Federal Intelligence Service may, in order to fulfil its tasks, without the
knowledge of the person concerned, intervene in information technology systems used by
foreign nationals abroad on the basis of a previously ordered surveillance measure with
technical resources and collected personal data including contents and circumstances of the
ongoing communication stored on them, if this is necessary for the purpose of:
1.
political briefing of the Federal Government or of a Land government; or
2.
the early detection of impending dangers of international significance from abroad.