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measures, unless termination has already been initiated by the public prosecution
office. Termination of a measure under sections 100b and 100c may also be
ordered by the presiding judge.
(6) Personal data which have been obtained and are usable on the basis of
measures under sections 100b and 100c may be used for other purposes subject to
the following conditions:
1.
The data may be used in other criminal proceedings without the consent of
the persons being kept under surveillance only for the purposes of
investigating an offence in respect of which measures under section 100b or
100c could be ordered or to establish the whereabouts of a person accused
of such an offence.
2.
The use of the data, even such data as are acquired pursuant to section
100d (5) sentence 1 half-sentence 2 for the purposes of averting danger, is
only admissible to avert an existing danger of death in an individual case or
to avert an imminent danger to the life or liberty of a person or to the security
or existence of the state or to objects of significant value which serve to
supply the population, are of culturally outstanding value or are referred to in
section 305 of the Criminal Code. The data may also be used to avert an
imminent danger to other significant assets in individual cases. If the data
are no longer required for the purposes of averting the danger or for a pre-
judicial or judicial review of the measures implemented to avert the danger,
recordings of such data are to be deleted without delay by the authority
responsible for averting the danger. The fact of deletion is to be
documented. If deletion is postponed merely for the purposes of a pre-
judicial or judicial review, the data may be used solely for this purpose;
access is to be denied for any use for other purposes.
3.
If usable personal data have been obtained by means of a relevant police
measure, such data may not be used in criminal proceedings without the
consent of the person under surveillance by virtue of such measure, except
for the purpose of investigating an offence in respect of which measures
under section 100b or 100c could be ordered or to determine the
whereabouts of a person accused of such offence.
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