(Federal Law Gazette. I p. 741),
6. criminal offences pursuant to
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a) §§ 129a to 130 of the Criminal Code, as well as
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b) §§ 211, 212, 239a, 239b, 306 to 306c, 308.1 to 308.3, § 315.3, § 316b.3 and §
316c.1 and 316c.3 of the Criminal Code, insofar as these target the free democratic
fundamental order, the continued existence or the security of the Federation or of a
Land, or
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7. criminal offences pursuant to § 95.1 no. 8 of the Residence Act (Aufenthaltsgesetz).
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The same shall apply if factual indications of the suspicion exist that someone is a
member of an association the purpose or activities of which are intended to commit
criminal offences targeting the free democratic fundamental order, the continued existence or the security of the Federation or of a Land.
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(2) The order shall only be permissible if the researching of the facts by other means
would be devoid of prospects or considerably more difficult. It may only target the
suspect or persons of whom it can be presumed as a result of certain facts that they
accept or pass on messages intended for the suspect or originating from him or her,
or that the suspect uses their connection. Measures relating to postal items shall only
be permissible with regard to those postal items with regard to which facts justify the
presumption that they originate from the person whom the order targets or are intended for him or her. Parliamentary mail from members of the German Bundestag and
the Parliaments of the Länder may not be included in a measure targeting a third party.
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§ 4 Review, labelling and deletion obligations, transmissions, limitation principle
(1) The collecting agency shall examine without delay and then at intervals of at
most six months whether the collected personal data is necessary in the context of its
tasks for the purposes designated in § 1.1 no. 1, on their own or together with data
that is already available. Insofar as the data is not necessary for these purposes and
is not needed for transmission to other agencies, it shall be deleted without delay under the supervision of an official who has the qualification to hold judicial office. …
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101
…
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§ 9 Request
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(1) Restrictive measures according to this statute may only be ordered on request.
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…
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§ 10 Order
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(1) The authority competent to order restrictive measures with regard to requests
from the constitution protection authorities of the Länder shall be the competent high14/60
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