purpose of further processing for follow-up measures with immediate external effect for the
person concerned, in particular in order to avert a threat, if it is to be assumed on the basis of
particular facts that:
1.
the data are of substantial significance for the recipient for the early detection of threats
within the meaning of §19(4) or are necessary for the preservation of other substantial
security interests; or
2.
transfer is necessary to preserve substantial foreign and security policy interests of the
Federal Government or a Land.
The decision on whether transfer is necessary shall be made under the supervision of an
official of the Federal Intelligence Service who is qualified for judicial office.
(4)
The Federal Intelligence Service may also transfer the personal data identified for the
purpose of political notification to the entities referred to in paragraph (1) outwith
paragraph (2) if there is actual evidence that transfer is necessary to prevent an imminent
threat to:
1.
the life, limb or freedom of a person;
2.
essential public goods; or
3.
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.
(5)
§ 30(4) and (5), second sentence shall apply mutatis mutandis to transfers to other
foreign entities.
(6)
§ 30(6) to (9) shall apply mutatis mutandis to transfers under paragraphs (1) to (5).
Subsection 5
Independent legal oversight
§ 40
Exercise of independent legal oversight
(1)
The legality of technical surveillance and associated transfers and cooperation of the
Federal Intelligence Service on the basis of the powers granted under this Act shall be subject
to legal oversight by the Independent Oversight Council.
(2)
Legal oversight shall be exercised as:
1.
quasi-judicial legal oversight by the quasi-judicial oversight body; and
2.
administrative legal oversight by the administrative oversight body.
§ 41
Independent Oversight Council