continue to be met in consideration of the findings obtained. If the conditions set out in the
order are no longer met, the individual surveillance measure shall be terminated without
undue delay.
(4)
The Federal Intelligence Service shall inform the Federal Chancellery at regular
intervals of orders under paragraph (1). The Federal Chancellery shall, in addition, inform the
Parliamentary Oversight Body annually of the number of individual surveillance measures
ordered.
§ 38
Transfer of personal data from individual surveillance measures to domestic public entities
and other domestic entities
(1)
The Federal Intelligence Service may transfer to the Federal Office for the Protection
of the Constitution, the constitutional protection authorities of the Länder and the Military
Counterintelligence Service:
1.
the personal data identified for the purpose of the early detection of danger if there is
actual evidence that this is necessary for the protection of particularly weighty legal
interests; and
2.
the personal data identified for the purpose of political notification or for the purpose of
the early detection of a threat for the purpose of briefing the Federal Government or a
Land government if there is actual evidence that the transfer is necessary to fulfil their
tasks or to fulfil the tasks of the recipients.
(2)
The Federal Intelligence Service may transfer the personal data identified for the
purpose of political notification of the Federal Government or the government of a Land or
for the purpose of the early detection of a threat to other domestic public entities for the
purpose of briefing the Federal Government or a Land government if there is actual evidence
that the transfer is necessary to fulfil their tasks or to fulfil the tasks of recipients.
(3)
The Federal Intelligence Service may transfer the personal data identified for the
purpose of the early detection of a threat to domestic criminal prosecution authorities if facts
justify the assumption that this is necessary for the prosecution of a criminal offence under
§ 29(3).
(4)
The Federal Intelligence Service may also transfer the personal data identified for the
purpose of the early detection of a threat to the entities referred to in paragraph (2) for the
purpose of further processing for follow-up measures with immediate external effect for the
person concerned, in particular in order to avert danger if there is actual evidence that this is
necessary to avert a threat to essential legal interests or to avert a particularly serious adverse
effect on the rights of individuals.
(5)
The Federal Intelligence Service may transfer the data collected for the purpose of the
early detection of a threat to the Bundeswehr if there is evidence that this is necessary
1.
for the protection of the functional capability of the Bundeswehr for national or alliance
defence and in international missions;