Article 2 Amendments to the Article 10 Act
The Article 10 Act of 26 June 2001 (Federal Law Gazette (BGBl.) I p. 1254, 2298; 2007 I p.
154), most recently amended by Article 38 of the Regulation of 19 June 2020 (BGBl. I p.
1328) is amended as follows:
1.
The following Section 4a is inserted after Section 4:
‘Section 4a
Further processing of traffic data by the Federal Intelligence Service
(1) Further processing by the Federal Intelligence Service, in performance of its tasks, of
traffic data which have been collected, and in respect of which a restriction relating to an
individual involved in the communications has been ordered pursuant to Section 3, is
permitted in order to:
1. identify individuals with a connection to Germany about whom information can be
obtained that is relevant for the performance of tasks by the Federal Intelligence
Service, or
2. identify suitable transmission routes within the meaning of Section 10(4), sentence 2.
(2) No later than three months after their collection, the traffic data stored pursuant to
paragraph 1 must be reviewed to determine whether further storage is necessary for the
performance of tasks by the Federal Intelligence Service. No later than six months after
their collection, those data must be erased unless it has been decided in the specific case
in question that further storage is necessary for the purposes outlined in paragraph 1. If it
has been decided in the specific case in question that further storage is necessary for the
purposes outlined in paragraph 1, the Federal Intelligence Service must carry out regular
checks at intervals of no more than six months to determine whether the further storage
of traffic data for those purposes is still necessary.
(3) Compliance with the requirements referred to in paragraphs 1 and 2 is checked on a
regular and random basis by an authorised official of the Federal Intelligence Service
who is qualified to hold judicial office. If the check reveals that the data have been
processed unlawfully, the data must be erased immediately under the supervision of an
official of the Federal Intelligence Service who is qualified to hold judicial office.
Section 4(1), sentences 3 to 5, applies mutatis mutandis.’
2.
Section 6 is amended as follows:
In paragraph 1 sentence 4, the words ‘for the purpose of data protection
oversight’ are replaced by the words ‘for the purpose of overseeing data
processing, including data protection oversight.’
b) In paragraph 3 sentence 5, the words ‘for the purpose of data protection
oversight’ are replaced by the words ‘for the purpose of overseeing data
processing, including data protection oversight.’
c) The following paragraphs 4 to 6 are added: ‘(4) Notwithstanding paragraph 1,
sentences 1 and 2, the Federal Intelligence Service may also, in performance of
its tasks, collect traffic data and process them further in keeping with the
a)