The individual surveillance measure may be carried out only if it is necessary for task
fulfilment under § 1(2) and this would otherwise have no prospect of success or would be
made substantially more difficult.
(2)
An individual surveillance measure under paragraph (1), first sentence,
subparagraph 1 shall be permitted only if there is actual evidence that it serves to obtain
information, the surveillance of which the Federal Chancellery has charged the Federal
Intelligence Service with and which are of substantial foreign or security policy significance
for the Federal Republic of Germany.
(3)
An individual surveillance measure under paragraph (1), first sentence,
subparagraph 2 shall be permissible only if facts justify the assumption that findings will be
obtained through it on dangers under § 19(4) in cases of elevated foreign and security policy
significance for the Federal Republic of Germany.
(4)
It shall be ensured technically that:
1.
only changes which are essential for data collection are made to the information
technology system; and
2.
the changes made are reversed at the end of the measure and, as far as technically
possible, in an automated manner.
The resource used shall be protected against unauthorised use according to the state of the art.
(5)
The individual surveillance measure for the purpose of the early detection of a threat
under paragraph (1), subparagraph 2 may be directed only against persons in relation to
whom there is actual evidence that they:
1.
pose threats within the meaning of §19(4); or
2.
receive or pass on for the person posing a threat in accordance with subparagraph 1
particular information or information originating from him or the person posing a threat
in accordance with subparagraph 1 uses their information technology system.
(6)
An individual surveillance measure may also be carried out if other persons or
information systems are unavoidably affected. In consideration of all existing findings, it
shall not result in any disadvantage that is clearly disproportionate to the intended success.
§ 19(7) shall apply with the proviso that the briefing of the Independent Oversight Council
shall take the place of the briefing of the G10 Commission and, in the cases of § 59(2), the
decision of the Independent Oversight Council shall take the place of the decision of the
G10 Commission.
(7)
The Federal Intelligence Service shall examine without undue delay whether the
personal data collected in the course of an individual surveillance measure under
paragraph (1) is necessary alone or together with already existing data for the purposes under
paragraph 1. With the consent of the Independent Oversight Council, notwithstanding the
first sentence, an examination period of up to three years can be established in an individual
case if examination without undue delay is not possible. If the data are not necessary for the
purposes referred to in paragraph (1), they shall be erased without undue delay under the
supervision of an official who is qualified for judicial office. The erasure shall be logged. The
log data may be used solely to perform oversight of data processing, including data protection