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Section 101a
Court decision; labelling and analysis of data; notification requirements in respect of
traffic data capture
(1) In the case of traffic data capture pursuant to section 100g, section 100a (3) and
(4) and section 100e shall apply accordingly, with the proviso that
1.
the operative part of the decision pursuant to section 100e (3) sentence 2
must also clearly designate the data to be transferred and the period during
which they are to be transferred,
2.
the person obliged to provide information pursuant to section 100a (4)
sentence 1 must also give notification of which of the data he has transferred
were stored pursuant to section 113b of the Telecommunications Act.
In the cases under section 100g (2), also in conjunction with section 100g (3)
sentence 2, in derogation from sentence 1, section 100e (1) sentence 2 shall not
apply. In the case of radio cell inquiries pursuant to section 100g (3), in derogation
from section 100e (3) sentence 2 no. 5, a designation of the telecommunications
which is strictly limited as to space and time and a sufficiently precise designation
shall suffice.
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and the Federal Office of Justice ‒
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(2) If a measure under section 100g is ordered or extended, the reasons shall in
particular present, in respect of the individual case, the essential considerations
taken into account when assessing the necessity for and appropriateness of the
measure, including as regards the extent of the data to be captured and the period
for which they are to be captured.
(3) Personal data which were captured by means of measures under section 100g
shall be labelled accordingly and analysed without delay. The labelling shall clearly
indicate whether the data were stored in accordance with section 113b of the
Telecommunications Act. After transmission to another agency, the receiving
agency is to retain the original labelling. Section 101 (8) shall apply accordingly as
regards the deletion of personal data.
(4) Usable personal data which have been captured by means of measures under
section 100g (2), also in conjunction with section 100g (3) sentence 2, may be used
without the consent of the persons involved in the telecommunications concerned
only for the following other purposes and only in accordance with the following
provisions:
1.
in other criminal proceedings to investigate an offence on the basis of which
a measure under section 100g (2), also in conjunction with section 100g (3)
sentence 2, could be ordered or to establish the whereabouts of a person
accused of such an offence,
2.
transmission for the purposes of averting a concrete threat to the life, limb or
liberty of a person or the existence of the Federation or one of the
Länder
(section 113c (1) no. 2 of the Telecommunications Act).
The transmitting agency shall keep a record of the fact of the data transmission and
its purpose. If the data referred to in sentence 1 no. 2 are no longer needed to avert
the danger or are no longer needed for the pre-judicial or judicial review of the
measures taken to avert the danger, the agency responsible for averting the danger
shall delete any recordings of these data without delay. A record shall be made of
the fact of the deletion. Where the deletion has only been postponed for the purpose
of a possible pre-judicial or judicial review, the data may only be used for this
purpose; they shall be blocked for uses for other purposes.
(5) If usable personal data which had been stored pursuant to section 113b of the
Telecommunications Act have been acquired through a relevant measure under
police law, they may be used in criminal proceedings without the consent of the
persons involved in the telecommunications concerned only to investigate an
offence on the basis of which a measure under section 100g (2), also in conjunction
with (3) sentence 2, could be ordered or to establish the whereabouts of a person
accused of such an offence.
(6) Those involved in the telecommunications concerned shall be informed of the
fact that the traffic data are being captured pursuant to section 100g. Section 101 (4)
sentences 2 to 5 and (5) to (7) shall apply accordingly, with the proviso that
1.
the competent court must order that the notification referred to in section 101
(4) sentence 3 is not necessary;
2.
in derogation from section 101 (6) sentence 1, the postponement of
notification referred to in section 101 (5) sentence 1 must always be ordered
by the competent court and the first postponement must be limited to a
period of a maximum of 12 months.
Service provided by the Federal Ministry of Justice and Consumer Protection
and the Federal Office of Justice ‒
www.gesetze-im-internet.de
Page 55 of 220
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