Service provided by the Federal Ministry of Justice and Consumer Protection
and the Federal Office of Justice ‒
www.gesetze-im-internet.de
Page 40 of 220
transmitting messages intended for or originating from the accused, or that the
accused is using their telephone connection or information technology system.
(4) On the basis of the order for the interception or recording of telecommunications,
all those providing or collaborating in the provision of telecommunications services
on a commercial basis shall enable the court, the public prosecution office and its
investigators (section 152 of the Courts Constitution Act) to take these measures
and shall provide the necessary information without delay. Whether and to what
extent precautionary measures are to be taken in this respect shall follow from the
Telecommunications Act (
Telekommunikationsgesetz
) and from the
Telecommunications Interception Ordinance (
Telekommunikations-
Überwachungsverordnung
) issued thereunder. Section 95 (2) shall apply
accordingly.
(5) In the case of measures under subsection (1) sentences 2 and 3, it must be
ensured that technical means are in place so that
1.
only the following can be intercepted and recorded:
a) ongoing telecommunications (subsection (1) sentence 2) or
b) the content and circumstances of the communication which could also
have been intercepted and recorded from the date on which the order
was made pursuant to section 100e (1) during ongoing transmission
processes in the public telecommunications network (subsection (1)
sentence 3);
2.
only those changes are made to the information technology system which
are essential in order to capture the data; and
3.
the changes made are automatically reversed once the measure is
concluded, insofar as this is technically possible.
The means used shall provide protection against unauthorised access using
methods reflecting the state of the art. Copied data shall be protected against
modification, unauthorised deletion and authorised inspection using methods
reflecting the state of the art.
(6) A record is to be made of the following each time technical means are used:
1.
the designation of the technical means and the time of their use,
2.
information required to identify the information technology system and
changes made which are not only transient,
3.
information enabling the identification of the data captured and
4.
the unit implementing the measure.
Do'stlaringiz bilan baham: