under the terms of Part 1 of the Export List (Annex AL to the Außenwirtschaftsverordnung [Foreign Trade and Payments Ordinance]) in cases of considerable importance,
4.the illegal introduction of a not insignificant quantity of narcotics from abroad into
the territory of the Federal Republic of Germany,
22
5.counterfeiting committed abroad and
23
6.money laundering in connection with the acts set forth under nos. 3 to 5
24
and to confront these threats. In the cases covered by no. 1, restrictions of privacy
under sent. 1 may also be ordered for line telecommunications links and traditional
postal correspondence.
[…]
25
26-30
(4) The Federal Intelligence Service shall examine whether personal data obtained
by from monitoring conducted pursuant to § 3.1 are required for the objectives set
forth therein.
31
(5) The data obtained pursuant to § 3.1 shall be transferred in full, for the objectives
indicated under § 3.3, to the extent that this is required for the fulfilment of the receiving agency's mission, to the Federal and Länder (Federal states) government authorities concerned with the protection of the Constitution, to the Military CounterIntelligence Service, to the Office of Criminal Investigation in Customs Matters, to the
Federal Export Authority, the public prosecutors' offices and, subject to the public
prosecutor’s power to control the subject matter of the litigation, to the police authorities. The decision whether to transfer the data shall be taken by an official who is
qualified to hold judicial office.
32
(6) If data obtained pursuant to § 3.1 is not or is no longer required for the objectives
set forth therein and if the data is not to be transferred to other agencies pursuant to §
3.5, the documents referring to the data shall be destroyed immediately under the supervision of an official who is qualified to hold judicial office, and to the extent that it is
stored in electronic files, it shall be deleted. A record of the destruction and deletion
shall be kept. Every six months it shall be examined whether the conditions for destruction or deletion of data exist.
33
(7) The receiving agency shall examine if it needs the data, transferred pursuant to §
3.5, for the objectives set forth under § 3.3. If it does not need the data, it is to destroy
the documents immediately. The destruction is not necessary if it is not possible, or if
it is only possible with unreasonable effort, to separate the data from other information which is necessary to fulfil the respective tasks; the use of this data is impermissible.
34
(8) Those persons affected by the collection of data pursuant to § 3.1 shall be informed about the monitoring of their telecommunications contacts as soon as a threat
to the objective of the monitoring and to the use of the obtained data can be excluded.
The provision of this information can be excused if the data has been destroyed
35
10/77