a) In paragraph 1, ‘Section 8(1), sentence 1, or Section 8(2), sentence 3’ is replaced
by ‘Section 25(1), sentence 1, or Section 25(3), sentence 3’.
b) In paragraph 2, ‘Section 8(2), sentence 2’ is replaced by ‘Section 25(3),
sentence 2’.
27. The former Section 36 is replaced by the following Sections 68 and 69:
‘Section 68
Restriction of basic rights
The basic right to confidentiality of correspondence, post and telecommunications
(Article 10 of the Basic Law) and the basic right to inviolability of the home (Article 13
of the Basic Law) are restricted by this Act.
Section 69
Transitional provisions
(1) Technical intelligence-gathering measures within the meaning of Section 4 that
commenced prior to 1 January 2022 may continue until 31 December 2022. Those
measures are subject to legal oversight by the administrative oversight body.
Section 51 applies mutatis mutandis. If the measure is ordered for the first time
pursuant to Section 23(1) or (5) or Section 37(1), and if the quasi-judicial oversight
body does not confirm the lawfulness of the order, the measure must be
discontinued immediately.
(2) The storage of data collected prior to 1 January 2022 and the storage of data
collected on the basis of a measure pursuant to paragraph 1 is determined on the
basis of Sections 18 and 19 in the version applicable on 19 June 2020.
(3) The transfer of data collected prior to 1 January 2022 and the transfer of data
collected on the basis of a measure pursuant to paragraph 1 is determined on the
basis of Section 23 in the version applicable on 19 June 2020.
(4) Until the technical requirements for identification provided for in Section 19(10),
sentence 1, and Section 34(8), sentence 1, have been met, further processing of the
personal data collected pursuant to Section 4 in the existing systems of the Federal
Intelligence Service is permitted even without identification if the purpose and
means of the data collection are otherwise traceable for data collected from
1 January 2022 onwards. Further processing within the structured databases of the
Federal Intelligence Service is also permitted until the technical requirements for
identification of the purpose and means have been met, even if the purpose and
means of data collection are not otherwise traceable for each data field; in that
respect those data are forwarded pursuant to paragraph 3. The Federal Chancellery
submits an annual progress report to the Parliamentary Oversight Panel on the
extent to which the technical requirements for identification pursuant to sentence 2
have been met.