(3) The constitution protection authority may transmit personal data to foreign public
agencies, as well as to supranational and international agencies, if the transmission
is necessary to perform their tasks or to avert a considerable danger to the recipient.
…
…
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The Act re Article 10 of the Basic Law, to which § 5.2 no. 11 sentence 2 of the North
Rhine-Westphalia Constitution Protection Act refers, contains inter alia the following
provisions for telecommunication surveillance by constitution protection authorities:
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§ 1 Subject-matter of the Act
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(1)
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1. The constitution protection authorities of the Federation and the Länder …, in order to avert dangers threatening the free democratic fundamental order or the continued existence or the security of the Federation or of a Land, including the security of
the troops of the non-German Parties to the North Atlantic Treaty stationed in the
Federal Republic of Germany,
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2. …
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shall be empowered to monitor and record telecommunication. …
85
…
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§ 3 Preconditions
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(1) Restrictions according to § 1.1 no. 1 may be ordered under the preconditions
designated therein if factual indications exist for the suspicion that someone is planning or committing, or has committed
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1. criminal offences of crimes against peace or of high treason (§§ 80 to 83 of the
Criminal Code (Strafgesetzbuch – StGB)),
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2. criminal offences of endangerment of the democratic state based on the rule of
law (§§ 84 to 86 and 87 to 89 of the Criminal Code and § 20.1 nos. 1 to 4 of the Associations Act (Vereinsgesetz)),
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3. criminal offences of treason and endangerment of external security (§§ 94 to 96
and 97a to 100a of the Criminal Code),
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4. criminal offences against national defence (§§ 109e to 109g of the Criminal
Code),
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5. criminal offences against the security of the troops of the non-German Parties to
the North Atlantic Treaty stationed in the Federal Republic of Germany (§§ 87, 89, 94
to 96, 98 to 100 and 109e to 109g of the Criminal Code) in conjunction with Article 7
of the Fourth Act Amending Criminal Law (Viertes Strafrechtsänderungsgesetz) of 11
June 1957 (Federal Law Gazette. I p. 597) in the version of the Act of 25 June 1968
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