oversight. The log data shall be erased at the end of the second calendar year following
logging.
(8)
Personal data shall be identified immediately after data collection as follows:
1.
statement of the purpose of data collection under paragraph 1; and
2.
statement of the means of data collection.
Identification shall not be applicable to transfers.
(9)
Paragraph 7 shall apply mutatis mutandis to the evaluation of information technology
systems of foreign nationals abroad that are in the possession of the Federal Intelligence
Service or their depictions, with the proviso that evaluation must be carried out within three
years of the data being made readable, unless the Independent Oversight Council consents to
a longer time limit based on the circumstances in the individual case.
§ 35
Protection of relationships of confidentiality
(1)
Individual surveillance measures under § 34(1) for the purpose of collecting personal
data from a relationship of confidentiality (§21(1), second sentence) shall not be permissible.
(2)
Notwithstanding paragraph (1), individual surveillance measures shall be permitted if
there is actual evidence that:
1.
the person referred to in § 21(1), second sentence is a perpetrator of or participant in
one of the criminal offences referred to in § 29(3); or
2.
this is necessary to prevent a threat to:
(a)
the life, limb or freedom of a person;
(b)
essential public goods; or
(c)
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.
(3)
If it is evident only after processing of the data that these require protection under
paragraph (1), the data may be used only if the conditions set out in paragraph (2) are met.
The data shall otherwise be erased without undue delay. The erasure shall be logged. The log
data may be used solely to perform the data protection oversight. The log data shall be
retained until the end of the second calendar year following logging and shall then be erased
without undue delay.
§ 36
Protection of core area