1.by the Federal Intelligence Service within three months after it was obtained or
36
2.by the agencies, to whom it has been transferred pursuant to § 3.5, within three
months after its reception.
37
The duty to inform the subject of the monitoring that monitoring has occurred is incumbent upon the Federal Intelligence Service, in the case of transfer pursuant to §
3.5 it is incumbent upon the receiving agency.
38
(9) Before its decision on the permissibility and necessity of monitoring pursuant to §
9.2, the Commission can give the Federal Data Protection Commissioner the opportunity to give an opinion as regards data protection. The opinion is given exclusively
vis-à-vis the Commission.
39
(10) The body created pursuant to § 9.1 shall report to the Bundestag (German Parliament) once a year about the state of implementation of the measures set forth under §§ 3.1- 3.9.
40
§ 7.4 of the G 10 Act regulates the destruction of personal data obtained by means
of measures set forth under § 2 and § 3 of the G 10 Act, § 9 of the G 10 Act regulates
the control of the measures and the preclusion of the recourse to a court. § 9 of the
G 10 Act reads as follows:2
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(1) The Federal minister who, pursuant to § 5.1, is responsible for the ordering of
monitoring shall inform, at intervals not greater than six months, a panel consisting of
nine members of the Bundestag who are appointed by the Bundestag, about the status of and affairs related to the implementation of this law.
42
(2) The responsible Federal minister shall inform, on a monthly basis, a commission
about the monitoring measures ordered before they are executed. In the case of imminent danger, the minister may order the execution of monitoring before the commission is informed. The commission shall decide, ex officio or on account of complaints, about the permissibility and necessity of monitoring. Any orders for monitoring
which the commission declares impermissible or unnecessary shall be cancelled immediately by the responsible Federal minister.
43
(3) The responsible Federal minister shall inform the commission, on a monthly basis, about the information given to those persons affected by data collection (§ 5.5) or
about the reasons that stand in the way of this information being given. If the commission considers it necessary to give information to those persons affected by data collection, the responsible Federal minister shall order that such information is to be given immediately.
44
(4) and (5) ...
45
2. § 9 was also amended after the end of the oral argument by Article 2 of the Gesetz zur Änderung von Vorschriften über parlamentarische Gremien (Act Amending the Regulations on Parliamentary Panels) of 17 June 1999 (BGBl I, p. 1334).
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