Section 100d Core area of private conduct of life; persons authorised to refuse to give evidence (1) If there are factual indications to assume that a measure under sections 100a to
100c will only lead to findings in the core area of the private conduct of life, the
measure shall be inadmissible.
(2) Findings in the core area of the private conduct of life which are made on the
basis of a measure under sections 100a to 100c may not be used. Recordings of
such findings must be deleted without delay. The fact that such findings were made
and their deletion shall be documented.
(3) Where possible in the case of measures under section 100b, technical means
shall be employed to ensure that data concerning the core area of the private
conduct of life are not captured. Findings made on the basis of measures under
section 100b which concern the core area of the private conduct of life shall be
deleted without delay or submitted to the court ordering the measure by the public
prosecution office for a decision as to their usability and deletion. The court’s
decision concerning the usability of the data shall be binding in respect of the further
proceedings.
(4) Measures pursuant to section 100c may be ordered only if on the basis of factual
indications it may be assumed that statements concerning the core area of the
private conduct of life will not be covered by the surveillance. The interception and
recording is to be interrupted without delay if during the surveillance indications arise
that statements concerning the core area of the private conduct of life are being
recorded. Where a measure has been interrupted, it may be recommenced subject
to the conditions of sentence 1. In cases of doubt, the public prosecution office shall
seek a decision from the court without delay concerning the interruption or
continuation of the measure; section 100e (5) shall apply accordingly. If it is
considered a possibility that the use of findings already made pursuant to subsection
(2) will be prohibited, the public prosecution office must also apply to the court for a
decision without delay. Subsection (3) sentence 3 shall apply accordingly.
(5) In the cases under section 53, measures under sections 100b and 100c shall be
inadmissible; if during or after implementation of the measure it becomes apparent
that a case under section 53 exists, then subsection (2) shall apply accordingly. In
the cases under sections 52 and 53a, information acquired through measures under
sections 100b and 100c may be used only if, taking into consideration the
significance of the underlying relationship of trust, this is not disproportionate to the
interest in establishing the facts or determining the whereabouts of an accused
person. Section 160a (4) shall apply accordingly.