on Matters of Non-Contentious Jurisdiction (Gesetz über die Angelegenheiten der
freiwilligen Gerichtsbarkeit) shall apply accordingly to the proceedings. The information acquired may only be used in accordance with § 4.4 of the Act on the Implementation of the Act re Article 10 of the Basic Law. Technical means within the meaning
of sentences 1 and 2 may moreover be used to protect the persons acting in deployment in dwellings insofar as this is indispensable to avert dangers to their life, health
or freedom (Article 13.5 of the Basic Law). Measures according to sentence 8 shall
be ordered by the head of the constitution protection department or his or her deputy.
Apart from the purpose according to sentence 8, the constitution protection authority
may only use the data thereby collected to avert danger in the context of its tasks according to § 3.1 nos. 2 to 4, as well as for transmission according to § 4.4 nos. 1 and
2 of the Act on the Implementation of the Act re Article 10 of the Basic Law. Use shall
only be permissible if the lawfulness of the measure has been judicially determined
prior to this; in case of imminent danger, the judicial ruling shall be subsequently obtained without delay. § 4.6 of the Act on the Implementation of the Act re Article 10 of
the Basic Law shall apply mutatis mutandis. The fundamental right of the inviolability
of the home (Article 13 of the Basic Law) shall be restricted in this respect.
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§ 8 Processing of personal data
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(1) In the performance its tasks, the constitution protection authority may process
personal data in written or electronic files and in files kept on an individual if
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factual indications exist of the suspicion of efforts and activities according to § 3.1,
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this is necessary to research and evaluate efforts or activities according to § 3.1, or
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this is necessary to perform its tasks according to § 3.2.
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(4) A record shall be kept of access to personal data in electronic case files. After
deletion of the files kept on an individual, personal data stored in electronic case files
may not be used for tasks according to § 3.2 or transmitted to other authorities. Such
data may not be electronically searchable.
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§ 10 Correction, deletion and barring of personal data in files kept on an individual
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(1) The constitution protection authority shall correct the personal data stored in files
if they are incorrect. …
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(2) The constitution protection authority shall delete the personal data stored in files
if its storage was not permissible or if knowledge of it is no longer necessary for the
performance of the task. …
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