(3) Information according to subsections 1 to 2 may only be obtained on request.
The request is to be made in writing by the head of the constitution protection department or his or her deputy, and must be reasoned. The Minister of the Interior shall decide on the request. The G 10 Commission (§ 3.1 sentence 1 of the Act on the Implementation of the Act re Article 10 of the Basic Law (Gesetz über die Ausführung des
Gesetzes zu Artikel 10 Grundgesetz – AG G 10 NRW)) shall be informed without delay of the requests decided on prior to their enforcement. In case of imminent danger,
the Minister of the Interior may already order the enforcement of the decision prior to
notification of the Commission. The G 10 Commission shall examine the permissibility and necessity of obtaining information ex officio or on the basis of complaints. § 3.5
of the Act on the Implementation of the Act re Article 10 of the Basic Law shall be applied mutatis mutandis on proviso that the control power of the Commission covers
the entire collection, processing and use of the personal data obtained according to
subsections 1 to 2. The Minister of the Interior shall rescind without delay decisions
on information which the G 10 Commission declared to be not permissible or not necessary. § 4 of the Act on the Implementation of the Act re Article 10 of the Basic Law
shall apply mutatis mutandis to the processing of the data collected according to subsections 1 to 2. The request for information and the data transmitted may not be notified to the person concerned or to third parties by the information provider. § 5 of the
Act on the Implementation of the Act re Article 10 of the Basic Law shall apply mutatis
mutandis.
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…
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§ 7 Special forms of data collection
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(1) The constitution protection authority may collect information, in particular personal data, to perform its tasks by enquiring of non-public agencies, and with the
means according to § 5.2, if facts justify the presumption that
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1. information on efforts or activities according to § 3.1, or on the sources necessary
to obtain such information, can be obtained by these means, or
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2. this is necessary to protect the staff, facilities, property and sources of the constitution protection authority against activities which endanger security, or activities of a
foreign security service.
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(2) To avert acute dangers to public safety, in particular a danger to the public or a
danger to life (Article 13.4 of the Basic Law), the spoken word not spoken publicly in a
dwelling may be secretly monitored or recorded with technical means. Sentence 1
shall apply mutatis mutandis to the undercover deployment of technical means to
make picture and video recordings. Measures according to sentences 1 and 2 shall
be ordered by the head of the constitution protection department or his or her deputy
if a judicial ruling cannot be obtained in good time. The judicial ruling shall be obtained subsequently without delay. The Local Court in whose district the constitution
protection authority is headquartered shall have jurisdiction. The provisions of the Act
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10/60