requirements of sentence 3 using the transmission routes pursuant to Section 5(1)
in conjunction with Section 10(4), sentence 2, if those traffic data make it
possible to identify German nationals, domestic legal entities or persons present
on the territory of the Federal Republic of Germany and are automatically
rendered unidentifiable as soon as they are collected. The automated procedure
to render the data unidentifiable must be carried out in such a way that:
1. the uniqueness of the data continues to be guaranteed, and
2. retroactive identification of the individuals referred to in sentence 1 is
impossible or only possible on the basis of disproportionate effort. The
Federal Intelligence Service may, in performance of its tasks, process traffic
data that have been rendered unidentifiable pursuant to sentences 1 or 2 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, with the exception of the group of individuals referred to
in sentence 1, and
2. identify suitable transmission routes within the meaning of Section 10(4),
sentence 2.
No later than six months after their collection, the traffic data referred to in
sentence 1 must be erased unless it has been determined in the specific case in
question that further storage is necessary for the purposes outlined in sentence 3.
If it has been decided in the specific case in question that further storage is
necessary for the purposes outlined in sentence 3, the Federal Intelligence Service
must carry out regular checks when processing individual cases and after
specified deadlines, at the latest after 10 years, to determine whether the traffic
data that have been rendered unidentifiable are still required for those purposes.
(5) Notwithstanding paragraph 1, sentences 1 and 2, the Federal Intelligence
Service may, in performance of its tasks, process traffic data that have been
collected and captured on the basis of a search term pursuant to Section 5(2) 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, and
2. determine suitable transmission routes within the meaning of Section 10(4),
sentence 2.
If it is determined during further processing pursuant to sentence 1 that additional
further processing of the traffic data by the Federal Intelligence Service is
necessary in order to identify offences within the meaning of Section 3(1) or
threats within the meaning of Section 5(1), sentence 3, or Section 8(1) and to
respond to such threats, the further processing of those data by Federal
Intelligence Service for such purposes is also permitted.
No later than three months after their collection, the traffic data referred to in
sentences 1 and 2 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, the data referred to in sentences 1 and
2 must be erased unless it has been determined in the specific case in question
that further storage is necessary for the purposes outlined in sentences 1 and 2. If