WEBER AND SARAVIA v. GERMANY DECISION
7
marked and were not used for purposes other than those listed in
section 3(1).
24. Monitoring measures were supervised by two bodies, the
Parliamentary Supervisory Board and the so-called G 10 Commission (see
section 9 of the G 10 Act). At the relevant time, the Parliamentary
Supervisory Board consisted of nine members of parliament, including
representatives of the opposition. The Federal Minister authorising
monitoring measures had to inform the board at least every six months
about the implementation of the G 10 Act (section 9(1) of the G 10 Act).
25. The G 10 Commission consisted of a president who was qualified to
hold judicial office and three additional members who were appointed by
the Parliamentary Supervisory Board for the duration of one legislative term
and who were independent in the exercise of their functions (see
section 9(4) of the G 10 Act). The Federal Minister authorising surveillance
measures had to inform the G 10 Commission monthly about planned
monitoring measures and had to obtain its consent (section 9(2) of the G 10
Act; see paragraphs 55-58 below). Moreover, the Federal Minister had to
inform the Commission whether or not persons concerned by such measures
had been notified of them. If the Commission decided that notification was
necessary, the Federal Minister had to arrange for it to be given without
undue delay (section 9(3) of the G 10 Act).
(b) Section 3(1) of the amended G 10 Act: Dangers for the avoidance of which
monitoring of telecommunications could be ordered
26. Section 1(1), points 1 and 2, in conjunction with section 3(1), first
and second sentence, authorised the monitoring of wireless
telecommunications, that is, telecommunications which were not effected
via fixed telephone lines, but, for example, via satellite connections
(Überwachung nicht leitungsgebundener Fernmeldeverkehrsbeziehungen).
27. Section 3(1), first sentence, provided that restrictions on the secrecy
of telecommunications could be ordered by the competent Federal Minister
with the approval of the Parliamentary Supervisory Board, on an application
by the Federal Intelligence Service, for international wireless
telecommunications. Under the second sentence of that provision, such
restrictions were permitted only in order to collect information about which
knowledge was necessary for the timely identification and avoidance of
certain dangers, namely:
(1) an armed attack on the Federal Republic of Germany;
(2) the commission of international terrorist attacks in the Federal
Republic of Germany;
(3) international arms trafficking within the meaning of the Control of
Weapons of War Act and prohibited external trade in goods, dataprocessing programmes and technologies in cases of considerable
importance;