(1) …
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(2) In accordance with § 7, the constitution protection authority may apply the following measures to acquire information as intelligence service means:
…
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11. secret monitoring and other reconnaissance of the Internet, such as in particular
concealed participation in its communication facilities and searching therefor, as well
as secret access to information technology systems also involving the deployment of
technical means. Insofar as such measures constitute an encroachment on the secrecy of correspondence, post and telecommunication or are equivalent to such encroachment in terms of their nature and grievousness, the latter shall be permissible
only under the preconditions of the Act re Article 10 of the Basic Law;
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(3) Personal data obtained with intelligence service means shall be labelled and
transmitted to the persons on whom this information was collected on termination of
the measure. Such transmission shall not be necessary if
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1. an endangerment of the performance of the task is to be feared from such notification,
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2. sources could be placed at risk through provision of the information, or the disclosure of the state of information or the modus operandi of the constitution protection
authority is to be feared,
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3. notification would endanger public security or would otherwise disadvantage the
interests of the Federation or of a Land, or
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4. the data or the fact of processing must be kept confidential according to a legal
provision or because of the prevailing justified interests of a third party,
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5. one of the preconditions named at 1-4 still applies after five years subsequent to
termination of the measure and will continue to apply in the future with a probability
verging on certainty.
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§ 5a Special powers
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(1) The constitution protection authority may in individual cases obtain information
free of charge on participants in monetary transactions and on monetary movements
and investments from financial institutions, financial service-providers and financial
operators if this is necessary in order to perform its tasks in accordance with § 3.1,
and factual indications exist of grievous dangers to the protected interests named in §
3.1.
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