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facts or determining an accused’s whereabouts would offer no prospect of success
or would be much more difficult.
(3) The measure may be taken even if it unavoidably affects third parties.
(4) Section 100e (1) and (3), and (5) sentence 1 shall apply accordingly.
Section 100g
Traffic data capture
(1) If certain facts give rise to the suspicion that a person has, either as an offender
or participant,
1.
committed an offence of substantial significance in the individual case as
well, in particular one of the offences referred to in section 100a (2) or, in
cases where there is criminal liability for attempt, has attempted to
commit
such an offence or has prepared such an offence by committing another
offence or
2.
committed an offence by means of telecommunications,
then traffic data (section 96 (1) of the Telecommunications Act) may be captured
insofar as this is necessary to establish the facts and capturing the data
stands in
appropriate relation to the importance of the matter. In the case under sentence 1
no. 2, the measure shall be permissible only if other means of establishing the facts
would offer no prospect of success. The capture of location data pursuant to this
subsection shall be permissible only in respect of traffic data arising in the future or
in real time and only in the case under sentence 1 no. 1 insofar as they are
necessary to establish the facts or to determine the accused’s whereabouts.
(2) If certain facts give rise to the suspicion that someone has, as
an offender or
participant, committed one of the especially serious crimes designated in sentence 2
or, in cases where there is criminal liability for attempt, has attempted to commit
such a crime and the act weighs particularly heavily in the individual case as well,
then traffic data stored in accordance with section 113b of the Telecommunications
Act may be captured insofar as establishing the facts or determining the accused’s
whereabouts would be considerably difficult in some other way or would
be futile
and the data capture stands in appropriate relation to the importance of the matter.
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