(1)
Data collection for the purpose of gaining knowledge of the core area of private life
shall not be permissible.
(2)
If it is not until further processing of the collected personal data has been performed
that it is found that data were collected which fall within the core area of private life, they
shall 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.
(3)
If, in the course of further processing under paragraph (2), there are doubts and if the
data are not to be erased immediately, the data may not undergo further processing without
prior examination by the Independent Oversight Council. If the Independent Oversight
Council establishes that the data may not undergo further processing, the data shall be erased
immediately. 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.
§ 37
Orders
(1)
Individual intelligence measures under § 34(1) shall require an order by the President
of the Federal Intelligence Service or a representative who has been designated by the
President of the Federal Intelligence Service. The Independent Oversight Council shall
examine the lawfulness of the order before it is enforced. If the Independent Oversight
Council does not confirm that the order is lawful, the order shall cease to be in force. Where
there is an imminent threat, a provisional examination of lawfulness shall be made by a
member of the Independent Oversight Council, if the surveillance purpose of the strategic
surveillance measure would otherwise be thwarted or made substantially more difficult. If it
is established in the provisional examination that the order is lawful, it may be put into effect.
In this case, the examination by the Independent Oversight Council shall be obtained without
undue delay. If the Independent Oversight Council repeals the decision under the fourth
sentence, the order shall cease to be in force and data already collected shall be erased
without undue delay.
(2)
The order under paragraph (1) shall be issued in writing. It shall state:
1.
the purpose of surveillance;
2.
the surveillance topic pursued;
3.
the objective of the individual surveillance measures;
4.
the nature, extent and duration of the individual surveillance measure;
5.
the justification; and
6.
if necessary, the establishment of a longer period of examination under §34(7), second
sentence or (9).
(3)
The time limit of the order shall be set at not more than 12 months. Extensions of up
to 12 months at a time shall be permitted provided that the conditions set out in the order