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3.
in the case under section 100a, the participants in the telecommunications
under surveillance,
4.
in the case under section 100b, the person targeted and other persons
significantly affected thereby,
5.
in the case under section 100c,
a) the accused person against whom the measure
was directed,
b) other persons under surveillance,
c)
persons who owned or lived on the private premises under surveillance at
the time the measure was effected,
6.
in the case under section 100f, the person targeted and other persons
significantly affected thereby,
7.
in the case under section 100h (1), the person targeted and other persons
significantly affected thereby,
8.
in the case under section 100i,
the person targeted,
9.
in the case under section 110a,
a) the person targeted,
b) persons significantly affected thereby,
c)
persons whose private premises which are not generally accessible to the
public were entered by the undercover investigator,
10. in the case under section 163d, the data subjects in respect of whom further
investigations were carried out following evaluation of the data,
11. in the case under section 163e, the person targeted and the person whose
personal data were reported,
12. in the case under section 163f, the person targeted and other persons
significantly affected thereby.
Mention is to be made in the notification of the option of subsequent legal protection
pursuant to subsection (7) and of the applicable time limit. Notification shall be
dispensed with where overriding interests of a person concerned meriting protection
constitute an obstacle thereto. Furthermore, notification
of a person referred to in
sentence 1 no. 2 and no. 3 who was not the target of the measure may be
dispensed with if such person was only tangentially affected by the measure and it
may be assumed that the person has no interest in being notified. Inquiries to
determine the identity of one of the persons referred to in sentence 1 are only to be
made if this appears necessary, taking into account the degree of invasiveness of
the measure in respect of the person concerned, the effort associated with
establishing their identity, as well as the resulting detriment for such person or other
persons.
(5) Notification shall be given as soon as it can be effected without endangering the
purpose
of the investigation, the life, physical integrity and personal liberty of
another or significant assets, in the case under section 110a including the possibility
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of the continued use of the undercover investigator. If notification is deferred
pursuant to sentence 1, the reasons shall be documented.
(6) If notification is deferred pursuant to subsection (5) and has not been given
within 12 months after completion
of the measure, any further deferral of notification
shall be subject to the approval of the court. The court shall decide upon the
duration of any further deferrals. The court may approve the permanent
dispensation with notification if there is a probability bordering on certainty that the
requirements for notification will not be fulfilled, even in the future. If several
measures have been taken within a short period of time, the time period referred to
in sentence 1 shall begin to run upon conclusion of the last measure. In the case of
measures under sections 100b and 100c, the time period referred to in sentence 1
shall be six months.
(7) Court decisions pursuant to subsection (6) shall be taken by the court competent
to order the measure. In all other cases, the court situated where
the competent
public prosecution office is located shall be competent. Even after completion of the
measure and for up to two weeks following their notification, the persons referred to
in subsection (4) sentence 1 may apply to the court competent pursuant to sentence
1 for a review of the lawfulness of the measure as well as of the manner and means
of its implementation. An immediate complaint against the decision shall be
admissible. If public charges have been preferred and the defendant has been
notified, the court seized of the matter shall decide upon the application in its
concluding decision.
(8) Personal data acquired by means of the measure which are no longer necessary
for the purposes of criminal prosecution or a possible
court review of the measure
shall be deleted without delay. The fact of the deletion is to be documented. Insofar
as deletion of the data has been deferred merely for the purposes of a possible
court review of the measure, the data shall not be used for any other purpose
without the consent of the data subjects; access to the data is to be restricted
accordingly.
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