1.
the use of data under § 21(3);
2.
transfer under § 29(8) and § 30(9);
3.
a change of purpose under § 29(7) and § 30(5);
4.
the service regulations of the Federal Intelligence Service under § 62 insofar as they
contain rules on the evaluation of data; and
5.
the final decision on complaints of administrative legal oversight (§ 52(3)).
(3)
The quasi-judicial oversight body is competent in the context of interventions into
information technology systems of foreign nationals abroad under § 34 for the prior oversight
of the legality of the ordering of individual surveillance measures under § 37(1) and the
transfer of data under § 38(8) in conjunction with § 29(8) and § 39(6) in conjunction with
§ 30(9).
(4)
The quasi-judicial oversight body shall, furthermore, be competent in the context of
interventions in information technology systems of foreign nationals under § 34 for oversight
of the legality of:
1.
the use of data under § 35(3);
2.
transfer under § 38(8) and § 39(6);
3.
a change of use under § 38(7) and § 39(4); and 4. the final decision on complaints of
administrative legal oversight (§ 52(3)).
§ 43
Composition of the quasi-judicial oversight body; Election of members
(1)
The quasi-judicial oversight body of the Independent Oversight Council shall consist
of six members, who prior to being nominated as members of the quasi-judicial oversight
body were active as:
1.
judges in the Federal Court of Justice (judicial members) with many years of
experience in this activity; or
2.
federal prosecutors under the Federal Public Prosecutor General of the Federal Court of
Justice (public prosecutor members).
At least four members of the quasi-judicial oversight body must be judicial members. No
more than two members may be state prosecutor members. The President of the Independent
Oversight Council shall be the chair of the quasi-judicial oversight body.
(2)
The members of the quasi-judicial oversight body shall undergo an expanded security
review with security investigations under the Security Review Act,
The Parliamentary Oversight Panel shall select the members of the quasi-judicial oversight
body on the basis of a proposal from the President of the Federal Court of Justice for the