due to the unreasonable effort this would involve. Moreover, fundamental rights interests, especially that of the freedom of the press, can be sufficiently protected within
the framework of the concept of necessity that is established in § 3.7(1) of the G 10
Act.
What is lacking, however, in this context as well as in the case of the corresponding
powers of the Federal Intelligence Service, is the obligation to mark the data accordingly; the parliament is to impose this obligation on the receiving agencies as a safety
precaution in the context of binding the use of data to a specific objective. Without
such an obligation, the data and information from transfers pursuant to the G 10 Act
could be stored, after being examined for their relevance as established in § 3.7 of
the G 10 Act in such a way, or mix with other data and information, that their origin
from a measure of strategic telecommunications monitoring is no longer recognisable. This would circumvent the restriction of use provided in § 3.3 of the G 10 Act.
284
An interpretation consistent with the constitution is ruled out in this case as well. The
parliament is obliged to create consistency with the Basic Law.
285
71/77