(1) The Independent Oversight Council, the Parliamentary Oversight Panel, the G 10
Commission and the Federal Commissioner for Data Protection and Freedom of
Information may exchange information on a regular basis concerning general matters
relating to their oversight activities, provided that the respective confidentiality rules
applicable in connection with the exercise of their individual oversight powers are
observed.
(2) The Independent Oversight Council’s activities do not affect the rights of the
Parliamentary Oversight Panel to exercise oversight of the Federal Government in
respect of the Federal Intelligence Service’s activities. The Independent Oversight
Council’s activities do not affect the rights of the G 10 Commission and the Federal
Commissioner for Data Protection and Freedom of Information to exercise oversight of
the Federal Intelligence Service’s activities.
Subsection 6
Notifications and evaluation
Section 59
Notification of data subjects and notification obligations
(1) If personal data of foreign nationals are collected abroad, the data subjects are not
notified.
(2) If data are collected by way of derogation from Section 19(7), sentence 1, and if the
data are not immediately erased pursuant to Section 19(7), sentence 5, the G 10
Commission must be notified thereof at its next meeting, and the data subject must be
notified of the collection of the data, provided that:
1. the possibility that this might jeopardise the purpose of the measure has been ruled
out, and
2. there is no likelihood that it will be to the overriding detriment of the interests of the
Federal Government or a Land.
If notification is not effected within 12 months of the data being collected, further
postponement of the notification must be approved by the G 10 Commission. The G 10
Commission determines the further duration of the postponement. Five years after
collection of the data, with the approval of the G 10 Commission, a final decision
against notification may be taken if it can be stated with a probability bordering on
certainty that the requirements for such notification will not be met in the future. If the
personal data may be relevant to a notification or a judicial review of the data collection,
the erasure is postponed and restrictions are placed on the processing of the personal
data; they may then only be used for that purpose.
Section 60
Ban on notifications
(1) Individuals who provide telecommunications or telemedia services or are involved in
the provision of such services are obliged to maintain confidentiality in respect of the
orders issued to them and their implementation pursuant to Section 25.